property managment company directors and conflict of interest

Discussion in 'Management companies, apartments, etc.' started by scruffy, Feb 21, 2018.

  1. scruffy

    scruffy Registered User

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    Hi I am a director of the property management company of the estate I live on .In the last year many owners have moved out and rented their apartments . Many of these tenants have vans which are banned by a restrictive covenant banning all commercial vehicles .The estate was built about twenty years ago and the covenant was specifically for the estate and not for a building previously on the site . I want to take legal action but my two co directors are against any legal action .Polite letters requesting landlords to tell their tenants to park vans off site have seen no change . Both co directors have both become landlords and no longer live on the estate but have kept their seats on the board .Could this be seen as a conflict of interest as all similar estates nearby explicitly ban commercial vehicles and by allowing vans it is very easy to rent properties here Kind regards
     
  2. T McGibney

    T McGibney Frequent Poster

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    I can never understand how the prohibition of commercial vehicles within residential estates is both legal and not discriminatory, as the owners and users of such vehicles depemnd them to earn a living.
     
  3. Learner2015

    Learner2015 Frequent Poster

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    I agree, besides whats the issue, if the vehicle fits in the parking space I really don't see the problem.

    I lived in an apartment for years and was a director of the board. Residents always complained about vans etc and I always said to them these are the people who help you, plumbers, electricians etc If they didn't have vans they couldn't come to you and fix issues at your property - most people got it. The other directors and I decided that as long as the vehicle fits in the space there is no problem. I can't remember the exact wording of the covenant in our case I think it was something like "parking is only for private motor vehicles and motorcycles."

    OP I'm sure you could take legal action, but really, should you? And before anyway says it I know one of the Directors duties is to uphold the covenants in the lease...
     
    T McGibney likes this.
  4. scruffy

    scruffy Registered User

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    with a ford transit size van parked next to you if you have an average size car it is difficult to get in or out as well as the damage as even small scratches are expensive to have repaired
     
  5. Learner2015

    Learner2015 Frequent Poster

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    A standard Transit is only as long and wide as a large estate car or jeep so really it shouldn't be any different as parking next to one of them.

    As I said the bigger ones such as the MWB/LWB/EWB don't fit properly in car spaces so these I have would have an issue with.

    Parking is a personal pet hate of mine when people just dump whatever vehicle they have in a space badly. I would rather park beside a correctly parked standard Transit then try to squeeze in beside a badly parked small car any day.

    Anyway this is just my opinion!
     
    T McGibney likes this.
  6. Leo

    Leo Moderator

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    Standard Transit is 39cm wider than an A6 estate, 25cm wider than a Range Rover, but a lot of the parking spaces in these developments seem to be so small you'd struggle to fit cars like the A6 in adjacent spaces.
     
  7. Learner2015

    Learner2015 Frequent Poster

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    Leo your right about a lot of parking spaces being very small in developments, to the point where it can be tight even parking regular family seven seaters side by side like Ford Galaxy's.

    A 260 transit is actually shorter and narrower than a Ranger Rover, the new Custom one which replaced it according to Ford is 70mm wider and 339mm longer than a Range Rover which is really nothing from a width perspective.

    OP I don't really know what to say except next time you need a trades person you better hope they are ok parking outside your development and carrying all their gear in or you might not get anyone to fix what needs to be fixed!!!
     
  8. lantus

    lantus Frequent Poster

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    If payment of fees is 100% and all issues addressed and the sinking fund is awash then micro issues like this may be worth looking at. Personally it will just cause more issues than it will solve. Will people just change jobs or park elsewhere? Unlikely. More likley you will pick a fight over people's livlehoods and be public enemy number 1.

    Some rules are daft. You don't have to follow them all based on sensible interpretation.
     
  9. Leo

    Leo Moderator

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    Yeah, back in my days of apartment living where I lived it wasn't too bad, I was surprised later visiting friends in supposed premium developments around Dundrum where it was very tight squeezing in a family size saloon in some areas.

    I used the 2.474m width of the regular Transit which in fairness is probably not the model in question here. The Custom (2.272m), Connect (2.137m) & Courier (2.112m) are all narrower, and not a long way off the Audi A6's 2.086m.
     
  10. scruffy

    scruffy Registered User

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    obviously delivery vans and tradesmen working on estate can park onsite .if you were buying a property on our estate your solicitor would point out the restrictive covenants to you before completion . however letting do not seem to point it out to prospective tenants .
     
  11. cpt_boom

    cpt_boom Frequent Poster

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    Are the rules posted up in the apartment blocks mentioning this? Was there any response to the letters and were they personalised? i.e. "Dear Mr/Ms X, A commercial vehicle has been parking in your allocated spot no 99. Can you confirm that this is your/your tenant's vehicle and that it is commercial? I remind you of covenant....". Generic letters are more likely to be ignored. The managing agent could then follow up by phone.
     
  12. Learner2015

    Learner2015 Frequent Poster

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    OP you seem like you have made your mind up and your going to ban them all however bear in mind if your enforcing the covenant it is commercial vehicles, not vans per se.

    BY way of example, a small Golf / Fiesta that is actually taxed as a commercial vehicle cause no seats in the back - now banned.
    Large VANs can be taxed privately so they'll be allowed park.
    Taxis - are these classed as commercially? If they are they can't park anymore.
    etc.

    As Iantus said "Some rules are daft. You don't have to follow them all based on sensible interpretation."
     
    RETIRED2017 likes this.
  13. scruffy

    scruffy Registered User

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    hi cpt boom a letter was sent to all owners reminding them of the restrictive covenant allowing one private car per apartment .the estate is all one bedroom apartments and when built was marketed for people travelling to work in the city as the central line train station is 150 yards away .