Buying apt parking without management company signature

Hi,

I am currently trying to purchase a car parking space in the underground carpark of the apartment that I own. There is a bulk of extra spaces to be sold, and licence agreements have been issued where the management company is not a part of the agreement. So, the management company don't legally sign up to perform any duty. However they have signed up to taking care of the car park as part of the apartment sale and also for previous buyers of car spaces. It appears the conflict will not be resolved.

Does anyone have any experience on whether the management company HAS to sign up to the sale in an apartment, and whether this can or should go ahead without their signature? My lawyer has said I can go ahead, but that they have no legal obligation to do anything.

Anyone else had anything similiar?

Thanks a mill

Who is selling the spaces? The normal arrangement is the lease of an apartment gives you a licence to use a / multiple parking spaces.

The apt was bought without a space as some spaces were already owned seperately. So there is nothing in the apartment lease to include parking. This is a new licence being drawn up with the current owner of a group of spaces through a sales agency, but without the inclusion of the management company.

It may make some sense if it is a mixed use development with commercial/ offices and residential. If the development is purely residential I am slightly perplexed by the legal advice you are getting although there may be many additional factors.

At the end of the day someone owns the parking spaces and this is most probably the management company if the common areas have transferred.

I know of a case where the developer had not soldthe rights tp all the parking spaces but had also retained some units. Nothing could be done by the developer without the agreement of the management company.

Is it the management company that controls access to the car park? Is it the management company who charge a management fee for parking spaces? If the answer is Yes to both of these questions, then you would be very brave to proceed with the purchase without their agreement.

You use the term lawyer rather than solicitor - is the apartment in Ireland?