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Management Company's & Parking

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  • 15-10-2009 10:02am
    #1
    PDD
    Registered Users Posts: 1,019 ✭✭✭


    Hi Folks,

    I own an apartment that is part of a mixed use development (some house, small apartment blocks and commercial units). There is no car parking space in the title deeds and there are no assigned car parking spaces. The management company has taken the line of 'first come, first served' but this is far from an ideal solution.

    I am fully aware that without a car parking space mentioned in the title deeds that I have no legal rights to a car parking space but I am wondering how far the powers of a management company stretch in relation to parking, Is it possible for the management company to assign a space per dwelling?

    Can the management company sell/rent car parking spaces?

    As there is commercial units too would these have assigned car parking spaces at planning permission (i.e. assigned by County Council at the time of planning) or are these assigned by the management comapny?

    I would be curious to know if anyone is living in an apartment complex or mixed use development where there is car parking spaces assingnmed but now owned.

    Also does anyone know if an apartment block that is part of an estate can essentially secede from the estate to form its own seperate management company?

    Regards,

    Dave


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    #2
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    PDD wrote: »
    I am fully aware that without a car parking space mentioned in the title deeds that I have no legal rights to a car parking space but I am wondering how far the powers of a management company stretch in relation to parking, Is it possible for the management company to assign a space per dwelling?

    Yes, they can. The management company effectively "own" the spaces.
    PDD wrote: »
    Can the management company sell/rent car parking spaces?

    Yes they can.
    PDD wrote: »
    As there is commercial units too would these have assigned car parking spaces at planning permission (i.e. assigned by County Council at the time of planning) or are these assigned by the management comapny?

    It would depend on their deeds/Lease Contract and the original planning permission. Check the planning application documents from your local planning authority.
    PDD wrote: »
    Also does anyone know if an apartment block that is part of an estate can essentially secede from the estate to form its own seperate management company?

    I don't believe it's possible at all. The formation of a management company is normally a planning requirement, and once formed, the management company has a lot of power and responsibility. Check and see what the details of the management company are - there should be documentation of just what the management company is responsible for (units, areas, functions, etc).

    Best of luck.


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    #3
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,215 Mod ✭✭✭✭godtabh


    Paulw wrote: »


    I don't believe it's possible at all. The formation of a management company is normally a planning requirement, and once formed, the management company has a lot of power and responsibility. Check and see what the details of the management company are - there should be documentation of just what the management company is responsible for (units, areas, functions, etc).


    Alot of this appears to depend on the planning history of the site.

    In my place it was built over three phases. Two phases were covered under on application and the final done on a separate application. The first two phases were constructed under licence from the original owners.

    When the third phase came along it opted into the original management company but from what we are told can leave and set up their own if they wish.


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    #4
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    kearnsr wrote: »
    Alot of this appears to depend on the planning history of the site.

    Yes, that's very true. It will very much depend on the planning applications. There are a number of developments built in phases which can have separate management companies or can be lumped in to one single management company.

    Check with the planning authority, the articles of association for the management company (CRO website) and your own lease contract/deeds (your solicitor).


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    #5
    Victor
    Registered Users Posts: 78,387 ✭✭✭✭Victor


    PDD wrote: »
    The management company has taken the line of 'first come, first served' but this is far from an ideal solution.
    Do you mean on a day to day basis or is some parking reserved?

    If all the spaces are reserved, you could argue under the company acts that your are being oppressed as a shareholder.


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    #6
    PDD
    Registered Users Posts: 1,019 ✭✭✭PDD


    Hi Folks,

    Many thanks for the feedback, it was very helpful. I've made an appointment with the County Council planning department to review the plans so hopefully I will get some information there. The common area's of the estate are still with the developer so Im not sure there's anything I can do as it seems the management agent is acting on their behalf thus favoring the tenants of the commerical units over residents.

    @Victor - no spaces are reserved but as mentioned above there is clear bias on the part of the management agent. I know the management company should do somehting about it but I get the distinct impression that they just couldn't be bothered.

    Regards,

    Dave


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