# Access to my property is prevented by residents parking



## CatJacks (9 Mar 2011)

Help! I live in a block of flats, we all have 1 allocated parking space and 1 garage. The Deeds state that none of the communal areas/gardens are to be parked on.
However, a few of the residents (mainly the Directors of the Residents Association) ignore the Deeds and park on the communal areas and in front of the garages, as well as using their own allocated parking.
I am unable to access my garage because of this. I want to access my garage, which is my property but I can't. 
I have approached to Directors who have tried to suggest that I don't need to use my garage because my car probably won't fit in their anyway.
It clearly says in the Deeds that there is to be no parking on the communal areas - but when it's the Directors (who are also residents) of the Residents Association/Management Company for the estate - what do I do?!


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## shesells (9 Mar 2011)

Are they directors of the MC or the committee of the Residents Association. The difference is very significant. If they're just involved in a RA you can do to the directors of your MC (you can find the details on cro.ie if your management agent won't give you their contacts) and get them to enforce the rules.

If they are directors of the MC then they are negligent in their duties under company law and that can have massive implications. A company director must act at all times in the best interests of the company and not in anyway that negatively impacts the company. Breach of lease by parking in a common area would be acting against the company.


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## CatJacks (10 Mar 2011)

Thanks for your reply.
They are Directors of a Company who organise the contractors that come into the flats and sort out maintenance inside the property as well as maintenance of the grounds of the estate too. All residents pay this Company a monthly fee to do this. Rather than it being an external Company the Directors are a few of the residents of the flats.

Really don't know what to do next. It appears that they are Directors of the Company for the purpose of enhances their own personal benefits inside of enhancing the estate for all the residents.


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## Yorrick (10 Mar 2011)

Yesiree Bob. Another story of people getting elected on to Management Committees and then using the position for their own benefit.
I have seen it where some of these have taken over alcoves under stairs etc and installed doors thus making a nice little storage area for themselves. Also put locks on fire doors to have a little private area outside their own apartment.
As long as other owners don't care and do nothing about it they will get away with it.


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## CatJacks (10 Mar 2011)

I'm not sure what I can do about it. Because I do care about the unfairness that exists - I think that all residents should have equal benefits as opposed to some abusing the fact that in the past residents haven't cared or have been too frightened to say anything.
Can the Directors really override the covenants that exist in the Deeds?


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## ivuernis (11 Mar 2011)

CatJacks said:


> They are Directors of a Company who organise the contractors that come into the flats and sort out maintenance inside the property as well as maintenance of the grounds of the estate too. All residents pay this Company a monthly fee to do this. Rather than it being an external Company the Directors are a few of the residents of the flats.



It is OK that the directors of the *Management Company* are residents (i.e. apartment owners), in fact this is at it should be. However, you haven't said if they have employed a *Management Agent* to run the company functions or whether the directors have taken on this role themselves. As a fellow apartment owner it is important you find this out as if there is no Management Agent employed then the directors could be remunerating themselves out of the service charges and you would need to be sure that all of this is done above board. 

As to your original question you should contact and/or write to the Management Agent (if one is employed) explaining your access issue and your entitled rights as per the deeds. The Management Agent should relay your issues to the directors. If there is no Management Agent then you should write to the directors directly. If you received no satisfactory result then you should bring it up at the next AGM along with previous correspondence regarding the problem. 

If you are unsure about the difference between the *Management Company* and the *Management Agent* then you should read the explanation post at the top of the this forum.


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## elcato (11 Mar 2011)

Do you own a car ? If so, park in front of your garage thus stopping them from doing so. One thing, you say you live in the flats, are you an owner or a renter ? Is this a local authority building or a private block of flats ? It's not clear from your original post.


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## bertie1 (13 Mar 2011)

If you want to change what is going on go to the AGm , riase your issues put your self forward for election on to the committee & get things changed. Don't sit on the fence giving out. Talk to the other owners & get them to stir it at the AGM to get the ball rolling. You live ther & by partaking you have your say.


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## Bronte (14 Mar 2011)

You could also try parking in their spot or outside their garage to see how they like it.  Cannot believe they told you that you didn't need access to your own garage.


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## horusd (14 Mar 2011)

One of my neighbours from down the road parks outside next-doors house. He parks asssways in such a way that my neighbour ends up blocking part of my drive, and I have to go over the kerb to get out. I've now taken to parking outside and making it difficult for him to do this. It's been a real game of cat & mouse for the last few weeks as he parks assways when he can get away with it. What bugs me is that if he parked correctly we wouldn't have the problem and he has parking outside his own house in any event? Beats me really why he does this. My next-door neighbour has spoken to him, but it all falls on deaf ears. Have to say tho, I'm kind of enjoying the battle of wills on this one.


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