Cannot get access to Storage Unit in apartment block I no longer own

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Pilk077

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Purchased an apartment around 10 years ago, also bought a storage unit separately in the same complex , storage unit is located in underground Carpark that can only be accessed via swipe card that is issued by Management Company.

Sold apartment two years ago , just about cleared mortgage. Did not sell the Storage unit , buyer of Apartment did not want to buy storage unit. So I have a storage unit that I cannot get access to. Tried selling to others in Complex but owners already have one or not interested in buying one. Was in communication with buyer and still not interested in buying storage unit. I have suspicion that new owner of my apartment has gained access to my storage unit and is using it. I cannot prove this as I do not have access and the new owner knows this.

I contacted Management Company by phone to see if I could get swipe card to access to Underground Carpark , said they would look into it, but no feedback . Contacted Management Company again by e-mail about it and no reply. Sent a solicitors letter to request swipe card to get access to Car Park. Got reply from Management Company saying that they sent details to their Solicitor. My solicitor sent letter to Management Company Solicitor looking for update , got no reply.

Trying to think of way of forcing Management Company to give me access .
 
Presumably you have some documentation proving your ownership of the storage unit?
Does it or any associated contract clarify your access rights?
 
unfortunately not , solicitor has been through documentation and nothing mentions access to underground car park only

pilk077
 
If you have no documentation you cannot prove ownership. Do you have anything? Separate payment cheques?

It sounds like you were sold both together. Perhaps when you sold your apartment you decided to split ownership but your solicitor for the sale should have clear documentation that only the apartment was sold and that you retained ownership of the storage unit - and possibly cleared that with the management Co at the time you sold the apartment? It would seem an obvious step to get that clearance if you did not have two separate entities.

When you bought two “items” in the block did you get two sets of fobs, 2 invites to the annual meetings etc? Did the management Co treat you as if you had two items, the apartment and the storage unit?
 
From the posts so far I assumed that @Pilk077 does have documentation proving ownership of the storage unit but that documentation does not specify anything regarding access rights etc.
 
If there's documentation proving ownership, then I dont see that owner can be denied access. Having said that, I would think as an owner albeit of a storage unit, you should still be paying some contribution towards management fees.

IANAL
 
Yes, I do have documentation proving that I own the storage unit , and of course I would not mind paying something towards the Management Fee. But how does one communicate with the Management Company that does not respond . I wonder if one could go through the small claims court to at least ruffle their feathers and get some reply.
 
If they're not responding to letters from your solicitor then it's tricky. On the other hand many management companies may not have board meetings that regularly so maybe they simply haven't considered a response to the letter(s?) yet. Have you tried contacting the management agent that the management company uses, if any? Are you a member of the management company do you know?
 
Presumably the entrance to the car park opens and shuts on a regular basis and you could access at these times. Alternatively you might arrange for one of your former neighbours to bring you in and you could at least check the locker to see if it is in use by someone else.

I think you would be well justified in doing this as you own the locker and you appear to have gone to great trouble already to try and secure access through the Management company. Have you been told by them that you cannot access it or is it just a case that they haven't facilitated it? Has your solicitor advised you against access in this way? It would be worth asking them.

It isn't a long term solution but it may help to push things on.
 
Is the issue here that the residental unit is primary and access to the storage unit is wholely dependent on owership of a residential unit ? Access to the locker may be subject to some sort of licence agreement, similar to car spaces are. Everything links back to the main property and lease.

On sale of the property, you are no longer a member of the owners management company (OMC), don't have a lease, don't pay service charges, cease to have any right of access on site and cannot attend AGM. If the storage unit is retained, you now own something that you cannot access as its on private property.

If someone had purchased an additional car space from the developer, a similar situation could arrise, if it was not sold with the residential property.

Would/can an OMC allow a former member retain ownership of a car space after the sale of the property (minus additional space)? As far as I am aware, an OMC member can only sell the parking space to another member of the OMC.

Applying this to a storage unit, a former property owner may not be able to retain access to this, despite their ownership of it.

Reason: They are no longer a member of the OMC and the licence to access, use or assign use to a third party (tenant/other) is subject/dependent on its owner being a member of the OMC.
 
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Purple said:
If @Pilk077 is using the same solicitor who sold the apartment for them without advising that this issue may arise then perhaps the use of a different solicitor might be in order.
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Assuming of course that they told the solicitor about the separate purchase of the storage unit.
 
Good point. Solicitor is aware of storage unit now but from the thread its not clear if this was known at the time of conveyance.
 
Usually these management companies have resident/owner representatives on the Board who live in the development. Maybe try and find out who these people are and have a chat with them first, explaining your predicament.

If that leads to nothing, instruct your Solicitor (if not done already) to threaten injunctive relief in the Circuit Court against the management company seeking entry to the unit and a Declaration that you own the Unit and are entitled to enter, including seeking a formal right of entry. You would be entitled to such relief once you’re certain you have title to the unit.

It’s not unreasonable for you to seek entry to a unit you own.
 
Are you certain you have valid title for the unit? There was an issue where I live when someone thought they had "bought" a parking space from another unit owner. It was a cash deal, and the other apartment owner {"vendor") only had a licence to use the space..
 
Hi all, thanks for replies.

Yes I do own the Storage Unit and have a valid title , confirmed by current Solicitor. Storage Unit was purchased separately from the Apartment but at the same time the Apartment was purchased(paid x amount for apartment and then paid Y amount separately for Storage unit , and I used the same Solicitor not current Solicitor. No mention on Storage Unit Title or documentation saying access to the Storage is dependent on ownership of Apartment.
 
Pilk077 said:
No mention on Storage Unit Title or documentation saying access to the Storage is dependent on ownership of Apartment.
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Any mention in title for storage unit granting a right-of-way for access via common areas?

It's not unheard of for people to end up owning a parcel of land fully surrounded by other private property, in those cases access is wholly dependent on an owner of adjoining property agreeing to facilitate it, but ownership of such a property on its own does not give them any rights of access.
 
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