Checking whether a parking space is owned assigned or licensed
Don't assume your parking spot is yours forever. Verify its legal status in Illinois as owned, assigned, or licensed through your condominium declaration.
The short answer
Parking arrangements in Illinois condominiums vary significantly: some are deeded as part of your unit, others are assigned by the board, and some are merely licensed. You must check the condominium declaration to determine the legal status of your parking spot, as this affects your ability to transfer or sell the space along with your unit.
Ownership Versus Assignment
Owned spaces are typically part of your legal property description, recorded in the declaration and the deed to your unit. Assigned spaces, however, are often managed by the association and can be reassigned by the board. If the space is 'assigned,' you do not technically 'own' the space, you only have the right to use it.
Licensing Agreements
Some parking spots are licensed, meaning you pay for a revocable right to use them. These licenses may be subject to periodic renewal or changes in fees determined by the board of managers. Always check if the parking right is tied to the unit or if it exists as a separate, terminable agreement.
Verification in Recorded Documents
Check the declaration's section on limited common elements; parking spaces are frequently placed here. If they are not in the declaration, they may be governed by the association’s rules and regulations, which can change. Request copies of any board resolutions or bylaws specifically governing parking to see if the rules are permanent.
Decision Worksheet: Parking Status
Create a parking verification worksheet. Columns: Spot Identifier, Status (Owned/Assigned/Licensed), Governing Document Section, and Transferability. For example, if the spot is licensed, note whether the license terminates upon the sale of the unit. This helps you identify if you are truly gaining a valuable asset or simply a temporary rental right.
Checklist
- Search the declaration for mentions of parking or storage spaces.
- Determine if the spot is deeded as part of your legal description.
- Ask the board if the spot is fixed, assigned annually, or licensed.
- Check if parking rights transfer automatically with the sale of the unit.
- Confirm if there is a separate fee for the parking spot.
Common questions
Can the association take away my assigned parking spot?
If the space is classified as a limited common element in the declaration, the board's power to reassign it is constrained by the declaration. If it is merely a license, their power is usually broader.
Does my deed mention the parking space?
It should if you own the space. If you only have usage rights, your deed might not reference the space, and it may be governed entirely by association bylaws or rules.
Sources
- CFPB — Closing Disclosure explainerChecked October 12, 2026
- Illinois Residential Real Property Disclosure ActChecked October 12, 2026
- Illinois Condominium Property Act — 2025 editionChecked October 12, 2026
- SQFT IO — Listing plans and termsChecked October 12, 2026
This guide is general educational content from SQFT IO, prepared with AI assistance. It is not legal, tax or loan advice. Talk with a licensed attorney, tax professional or lender about your situation. SQFT IO Illinois license 478.027617.