Major announcements about garages

Las Mañanitas has a shortage of garages.  Some owners do not own a garage; some own two garages.

The HOA uses three garages for storage and Casago (a tenant of the HOA) has access to one.  Here's a summary of the garage situation affecting everyone and the plan to address the shortage:

"Owning" a Garage at Las Mañanitas

What does it mean to "own a garage' at Las Mañanitas?   What precisely does a garage owner actually own?  (At Las Mañanitas, the term "Owner" means the legally entitled person or entity that can sell the property, and that includes the beneficial owner of a fideicomiso.)

Well, the Regime declarations say that the Owner owns the exclusive rights to occupy the 23 square meters (or 39 square meters for the large garages) within the metes and bounds defined by the Regime document.  That is, like your main condo Unit, an Owner owns exclusive use of the space inside the skin of the walls, ceiling and flooring.  The walls, concrete pad, roof and utilities serving the garage are all owned and maintained by the HOA.  The HOA has the right to enter the garage only in case of an emergency (like water flowing out).

Only Owners of Units can own a garage.  That is, the legal title of the garage can only be held by someone (or some entity like an LLC) that is an Owner of a Unit.  Note that when you sell or otherwise transfer your Unit, you must transfer your garage to the buyer/transferee of your Unit or an existing Owner of another Unit.

If you want to sell your garage and NOT sell your Unit, you must sell the garage to an existing Owner of another Unit.   Owners who currently own two garages are encouraged to sell at least one of them to a Unit Owner on the HOA Waiting List when they sell their Unit.

Renting

You can only rent a garage to an Owner in Las Mañanitas, not to a non-resident.  That is, if you rent a garage, the name on the lease must be an Owner of a Unit.

Maintenance; Liability

The garage door opener and remote controls are the responsibility of the Owner, as is everything within the space defined by the walls, ceiling and floors.   The garage door has been supplied by the HOA, although the garage owner is responsible for the cost of repair or replacement if there is any damage to the door, it being understood that any repair or replacement must be "Las Mañanitas standard" per the then-current specifications set by the Architectural Committee.

Note: the HOA maintenance of the garages doesn't cost the HOA much.  The current level of reserves for the garages is about $20,000 for each of the three Phases.  So, last year's board did not assess any HOA fees for garages; at some point, we'll need to assess some modest fees for maintenance/repairs of garages.  But not yet.

Restrictions on USE

Third, the restrictions on use, as specified in the Regime documents, are extensive and beyond the scope of this announcement.  Suffice it to say that garages are for storage of vehicles and other "stuff" ... and not for other purposes.

Parking

Each Phase has a limited number of unassigned parking spaces in the common area adjacent to the Phase.  There are too few such parking spaces to accommodate even one car for every Unit in the Phase.   These spaces should be used for guests, visitors or short-term use by Owners.  Especially during peak season, when this outside parking is very much in demand, Owners who have garages are strongly encouraged to place their cars inside their garages.

Waiting List

The HOA will maintain a waiting list for Owners interested in purchasing garages from the HOA to the extent the HOA may have them for sale. 

The waiting list shall prioritize Unit Owners who wish to buy a garage in the following order.

1. First, all existing Owners who do not have any garage, in the order they asked to be placed on the Waiting List.
2. Next any Owner who already has a garage but wishes a second garage,  in the order they asked to be placed on the Waiting List.  

The prior Board left the following prioritized list.  If you wish to be placed on the Garage Waiting List, send an email to the Community Manager, cc: Board President.

Expansion Plans

When the HOA purchase the final piece of land from the developer, it also got the plans for the construction of FIVE new garages located along the western boundary of the Complex:

We will begin seeking final governmental approvals and bids in April, with a view to having this work done this year.  No guarantees, but that's the plan at this point.