management company does not allow us to park inside.

johnpaul55

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Hi,we bought an apartment in a complex in 2017, when the keys were handed we received the phone number for the gate as well.
We live outside the square and we have access from inside the square through the back of the apartment, through the kitchen as the apartment is located at the ground level.
In 2018, the management company changed the gate number and because of the lack of parking spaces outside the square, I asked the management company if I can park inside, they told me that I am not entitled.
in 2019 , same situation with the parking outside the square, I asked again, they told me that the people inside are paying more, gate maintenance, etc.
In 2021 situation became really bad in the front, so again with the management company. Inside are plenty of parking spaces. Told them that are 15-17 parking spaces, those are reserved was the answer.
There is a fee of 630 euros outside the gate,1030 euros inside the square.
I told them that I want to pay the management fee as the people inside the square, to get access to parking their reply was :

"Please note that there are not sufficient spaces behind the gate in the estate to offer the 18 properties located at the front access to park behind the vehicle gate.
This is why there are different service charge fees for the different property types and the apportionment of the fees goes back to the legal documents that were drafted by the developer's solicitors when the properties were originally sold.
I hope this explains why a change can not be made by your OMC."


We people located outside the square, pay a parking fee, the same parking fee as people inside the square

Now...inside are 26 apartments,52 parking spaces. outside 18 apartments.
Management company says Fingal city council, free parking, Fingal city council says management company.
I have a contract that states in a paragraph called Lessee s Covenants :
"The Lessee shall not keep in any of the Car Parking Spaces any vehicle, other than one private motor car or motorcycle..." the property of the Lessee or occupier. --Original contract since the apartment was built, handed by our solicitor.

I asked the management company before, I was told I m not entitled. I am being charged a parking fee for the free parking with the Fingal city council.
I am willing to pay the management fee as the people located inside the square, management company says unoccupied parking spaces are reserved.
I assume that the contract that I have is a general contract, as it states the number of apartments in 1 -20 X management fee,20-30 Y management fee.
But the rule with max 1 car does not specify.

Furthermore, if 26 apartments inside, 52 parking spaces,18 apartments are located on the outside of the square, where does this rule apply?
I emailed the management company, email read(email tracker), but no reply. Rang them -they are in a meeting, always.Will call me back-never happened.
Went there due to the coronavirus...safety rules...can not meet them.
Thank you.
 
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They might not answer/reply to your enquiries, but I'll bet they'll answer a solicitors letter. At the end of the day this is what will have to happen going on what you're telling us.
When you were buying the apartment were you not offered a space to purchase, or did you decline one due to cost?
 
The covenant above in itself does not grant you ownership of or rights to use a parking space. In the majority of developments with parking, you purchase a specific parking space as a separate transaction (albeit at the same time) to the apartment.

This is why there are different service charge fees for the different property types and the apportionment of the fees goes back to the legal documents that were drafted by the developer's solicitors when the properties were originally sold.
This indicates that those inside have ownership of or entitlement to use the parking spaces as part of their title. You need to check your title to establish exactly what you purchased and what that entitles you to.
 
I'd also check the planning file. Details of parking is usually in the planning for apartments.
 
Correct insofar that it would be listed in planning documents.
But the title would also list any specific ownership of a parking space.
It sounds like there is an issue with people bringing more cars than there are parking spaces and this unfortunately a common hazard in every single development
 
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