Management Company's & Parking

[Davidium]

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

 

[mathepac]

... 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?
...

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? ...

As an apartment owner, you will be a member of the Management Company, so the simplest thing might be to ask a Management Company director who will have access to the information, if it not already documented in the memorandum and articles of association you have.

As for seceding from the Union and forming a Confederate management company, I think you'll find that your lease and current company membership are inextricably linked. You'll probably need specific legal advice.

 

[shesells]

Your question is complicated so all I can give you is our experience.

We have an apartment/townhouse development. Our leases say 1.5 spaces per unit (apparently one for the unit and the half being a share in visitor parking). There are no assigned spaces so people park like you say, first come first served.

An EGM was held where we voted on allocating spaces but it was defeated. Some people have more than one vehicle but there's enough room for everyone in spaces. If people don't park in spaces eg at gable ends/outside unit doors they get clamped.

Have the common areas and car parks been taken in charge by the management company ie has the builder signed them over?

Are the directors of the management company owners or the developer?

AFAIK if the commercial units are part of your development, parking for them would be included in pp as part of the overall planning, so without spaces being allocated specifically to them. From a planning point of view. What their leases/deeds say is another matter.

I would suggest talking to your management agent to see what the status of parking in the development relative to the various unit types is. They will be able to answer many of your queries I would think.