Irish Times Property Clinic 1st day of September 2022.
Publishing Date; Thursday the 1st day of September 2022.
Q A few months ago we made the move from Dublin out to a lovely estate in Kildare which is run by a management company. At the moment we are renting and are very much enjoying the new area and neighbourhood but the parking arrangement is driving us mad.
A number of our neighbours now park large delivery trucks in our shared parking rows. These trucks take up a lot of space but also make our nice area look like a truck yard and very much blocks our view of the neighbourhood. We mentioned it to our landlord but he didn’t seem to have any suggestions.
Are there any restrictions on where people can park large vehicles? Is there anything we can do to see if our carpark can return to being a carpark for regularly sized cars?
A. As the cost of living continues to increase, there is a rise in Dublin renters seeking value further afield such is your case. It is now being noticed more and more that commercial vehicles are in residential development car parking facilities, whereas previously local communities overlooked this.
Conventional leases for residential developments are constructed on the basis that the development is for private residential use. Many residential owners' management company (0MC) leases will state that parking facilities are for a private motor car only. Some leases are silent on the matter of what vehicles may or may not park in the development. There is a range of parking regulations that can be agreed by members at an AGM using the house rules as an extension of the governing lease agreement.
Your landlord is the relevant party to engage with the OMC. Following a review of their lease they may identify a failing in the lease enforcement of prohibiting commercial vehicles or seek to enhance lacking parking regulations. This is subject to the leases position on what can be parked and the members in majority voting on parking regulations at an AGM.
Any regulations that are made by the OMC for parking enforcement will need to be compliant with the Vehicle Clamping Act 2015 and the Vehicle Clamping and Signage Regulations 2017.
It is important for all OMC members to have a fair and balanced discussion on the matter if it is of concern to them. Equitable and practical house rules can be made and agreed so that the fabric of the community is protected for the benefit of all property owners.
The reality of the matter is that the commercial vehicles would be crucial for the work of those residents.
The laws of unintended consequences may arise where commercial vehicles are prohibited resulting in rental income and property owners income loss thus impacting service charge payment which is essential for the development to prosper. One could have a view of the car park with no commercial vehicles and overflowing bins, broken or no street lighting and other loss of important services.
Paul Huberman FSCSI FRICS is a chartered property and facilities manager, and a Fellow of the Society of Chartered Surveyors Ireland and the Royal Institute of Chartered Surveyors.
Author: Paul Huberman of H&H Property Management Consultants Ltd
Publish Date: 01/09/2022