Irish Times Property Clinic 27th of June 2013
Publishing Date; Thursday the 27th day of June 2013.
Q.I live in an apartment block and one of my neighbours parks a large commercial truck in the parking space beside mine so much so that it often takes up some of my carpark space and at times I cannot park my car in my space. I have left a note on the windscreen but to no avail. Is there anything I can do?
A. There are generally two ways in which parking is dealt with in a residential multi-unit development. The first is where there is unassigned parking and owners/tenants have the right to park from time to time in the development on a first come first served basis.
The second is more preferable and is known as assigned parking. This is when a specific space is purchased with the property, is usually numbered, and is outlined on a map with the title document.
In the majority of cases, the lease agreement binding the owners' management company (OMC) and its members (who are the unit owners) specifies that commercial vehicles are not permitted in a residential development and you should clarify this.
Usually, the cheapest and most effective way to resolve a situation like this is to discuss the matter with the vehicle owner yourself. It is plausible that the vehicle owner is unaware that there is a problem and that they did not see the note.
Alternatively, you could contact the management agent of the development who should have the details of the parking space owner in the event that the space is assigned and can in turn advise the owner (or tenant) of the situation.
If this fails you could seek legal advice but I would recommend you talk to the managing agents in the first instance. If parking is a serious issue in the development, you could ask the Directors of the OMC to place it on the agenda for discussion at the AGM.
Paul Huberman is a member of the Property & Facilities Management Group of the SCSI
Author: Paul Huberman of H&H Property Management Consultants Ltd
Publish Date: 27/06/2013