Property Clinic - Irish Times

This post was created on 09-07-2013 06:07:47

Q I live in an apartment block and one of my neighbours parks a large commercial truck in the parking space beside mine which often takes up some of my parking space and sometimes I cannot park my car there. 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 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 bought 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 home 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 first. 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 and Facilities Management Group of the SCSI,