“Based on the facts here, each of the 24 garages are likely units specifically deeded to the owners of each residential condominium unit. A unit owner can review their own deed and related closing documents to see if a garage was deeded to them with their residential unit. Assuming that the 24 garages were deeded, the issue is only how the master deed addressed the “25th” garage.
“Since you describe the architect having “access” to two garages, it is possible, although unlikely, that the architect’s unit had originally been deeded two garages outright or permitted to use them as limited common elements. Even more unlikely, the architect may also have been a “sponsor” and was (or continues to be) the owner of the unsold 25th garage unit. The most likely scenario based on what the architect “envisioned” and that the architect’s unit was sold with only one garage is that the “25th” garage is described in the master deed as a general common element. If so, then the association already has the legal right to use and control this garage. If someone is nevertheless occupying the “25th” garage, the master deed, bylaws and any related rules and regulations should be consulted with respect to notice and legal action to remove the trespassing occupier. Typically, the process would begin with a letter to the occupier giving them notice that they must vacate the common element within a certain amount of time before the commencement of legal action will be undertaken by the association.”