Commercial Vans in Apartments

camo11

I have been told that i can't park my commercial van in my apartment complex parking area.
The complex is secure by a gate, but the gate has been broken for 2 months now. DOes this mean it is public access and they can't clamp me ? There are signs saying that you will be clamped if parked here etc.
Has anyone had similar problems in the past ? What is the legal standing ?
I am an owner occupier of the property.

Look forward to hearing your advice

kmick

Have they given you a reason why you cant park your van there? Do you have an allocated space?

camo11

They have given me no reason. Seemingly it was brought in about 6 months ago by the mgmt commitee. There are no allocated parking spots, but there is ample parking

siralfalot

sounds like bullsh1t to me

is there anything about this in the contract you signed on purchase of the property?

mikemac

Can't be right
So a resident can park a massive SUV but not a commerical Van?

I can understand they don't want people abondoning their vans and trucks in the estate/complex overnight but if you show them you are a resident then surely they can't object.

WHITE_P

Was the cost of a parking space included in the purchase price of your apartment, if so you should be legally entitled to park your vehicle in the car park, ask to see a management charter. Is the vehicle sign written, or does it take up more than one space.

camo11

They have given me no reason, just said it was brought in about six motnsh ago.
The property management company have said it to me. They have been given this instruction by the management commitee ( made up of residents )
There is no allocated parking places in the complex.
I can't imagine there is any contract. I am there six years and have parked the van there lots over the years and no problems and there have been several vans there over the years but only recently they have started making a fuss over it.

Victor

camo11 wrote: »

The complex is secure by a gate, but the gate has been broken for 2 months now. DOes this mean it is public access and they can't clamp me ? There are signs saying that you will be clamped if parked here etc.

If you leave your front door open for a moment, can I legally take your dinner? The sign is enough.

The rule on commercial vehicles sounds like too much.

bonham23

This seems to be quite common in a lot of complexes. While I don't drive a van myself i would have no issue with there being an area allocated for comercial vehicles. The complex i live in has just introduced clamping...the clamper is having a field day with all the vans. Mind you it has solved the issue of people parking on the footpaths etc..

siralfalot

time to buy one of these?? :D

WHITE_P

camo11 wrote: »

They have given me no reason, just said it was brought in about six motnsh ago.
The property management company have said it to me. They have been given this instruction by the management commitee ( made up of residents )
There is no allocated parking places in the complex.
I can't imagine there is any contract. I am there six years and have parked the van there lots over the years and no problems and there have been several vans there over the years but only recently they have started making a fuss over it.

I would definitly look for a letter stating that commercial vehicles are not allowed park within the complex and the reasons for this.

They must have a charter of rules governing the common areas and car park. If it is not stated within the charter then its not enforcable.

I lived in an apartment complex years ago and was a member of the residents commitee, we met with the management company fairly regularly and issues like this had to be agreed upon and written into the complex rules / charter before coming into force.

If they don't reply in writing, get your solictor to write to them, and if you are not entitled to park your vehicle within the complex, look for a reduction in your management fees, that should make them take notice.

Run_to_da_hills

If you are in that complex for more than 6 years using commercial vehicles and they decide to bend the rules recently you should be allowed compensation, i.e. they must buy you out if they do not commercial vehicles on the premises. If there is nothing in your original lease regarding commercial vehicles you have a case and you should seek a solicitor.

markpb

The front gate has nothing to do with it, it's either private property or it's not. If there's a management company, it's private property. Most builders put a covenant into the lease agreement saying that you're not allowed to park commercial vehicles on common grounds or in assigned parking spaces. Check your lease first - if it says no commericals and that's your signature underneath it, you'll have a hard time disputing it.

If the rule is in your lease agreement and you have no other option but to park on the estate, approach your management company directors (not the managing agent) politely and ask them if some compromise can be worked out, perhaps there are parts of the estate where they wouldn't mind. Alternatively explain your case and tell them you have no alternative.

Run_to_da_hills

How big is your commercial, i.e. did you have a Citroen Berlingo or a VW Caddy to begin with and now have a Mercedes LWB Sprinter or LWB high roof Ford Transit? Certain commercials will draw more attention than others, i.e. they may have kept a blind eye towards car vans and smaller commercials in the past but a bigger van may have drawn it to their attention.

camo11

It is the same van for the last 5 years. It is a van approx same size as the ford transit. I dont have it at home every night but sometimes i need to bring it home in order to hit the road early.
I will check the lease agreement and also check if it were written into the complex rules.

cabrwab

You poor poor fella.
But if you are an owner occupier, you should be on the management comm.
So use the right to kick ass! Seriously inform them im here 6years i own the property!

This is something which is becoming more and more common in apartment complex's, which is disgraceful. As the majority of people living in apartment complex's are renters more likely to be driving a company van. I drive a Primastar black, has signs on it, but before i move in i check to see if its ok to park the van.

Iam not the worst offender, a guy drives a school bus and parks outside.

Could be worse the last complex i shared in the owner of the property was told her 00 206 had to be changed as the management had a policy of 18month old cars only! Even though there was a person with a 05 corrolla which had been smashed to bits parked/abandoned in a space! They had no problem with that!

Run_to_da_hills

camo11 wrote: »

It is the same van for the last 5 years. It is a van approx same size as the ford transit. I dont have it at home every night but sometimes i need to bring it home in order to hit the road early.
I will check the lease agreement and also check if it were written into the complex rules.

If you can prove that you have been using this van for several years without trouble you can drfinitally hit them for harrisment damages. It would be different if yoiu had just moved in and had not declared that you had a commercial. I had a case a few years ago over having two motorbikes on a premisis. The landlord had a grudge against bikers.

siralfalot

cabrwab wrote: »

Could be worse the last complex i shared in the owner of the property was told her 00 206 had to be changed as the management had a policy of 18month old cars only!

seriously, what sort of phucking snobs are running that place? :mad::eek:
I would not stand for that sort of crap

cabrwab

Well she didn't in fairness she went mental!
But it wasn't even funny they called in while she was having dinner one night, herself and her dad who was part owner got the management commitee together and banged heads.
It was quickly changed i think!?

cabrwab

cabrwab wrote: »

Could be worse the last complex i shared in the owner of the property was told her 00 206 had to be hanged as the management had a policy of 18month old cars only! Even though there was a person with a 05 corrolla which had been smashed to bits parked/abandoned in a space! They had no problem with that!

That sounds like a tall tale to me... Where was that?

Fey!

OP; do you have a signed contract with the management company? If you do, check for restrictions on parking. If there are none, then ignore the new "rules". If you get clamped, ring the Gardai and inform them that someone has illegally interfered with your vehicle. Seeing as you're an owner-occupier, you could always try not paying the management fees, and see how long they take contacting you about that.

This kind of BS shouldn't be tolerated; it's a minority trying to show their "power" over a majority.

cabrwab

It was in stepaside in dublin

Being looking there briefly to see if i can find articles about other places that actually implemented this rule.

I know i heard of them being talked about.

You know because if it aint written about on the internet it never happened right!

alias no.9

If there are a number of other residents who are in the same predicament as you, you need to work together, attend all residents association meetings and management company AGM's (only owners will be entitled to attend managment company AGM's), and use your combined voting power to either propose a motion to change the rules or if you don't have a majority, vote against all and every motion that the people who brought this rule in, try to pass. You'll get meetings that are poorly attended, if your allies are out in force you'll get your rule change passed or at least stop other motions where there is any little bit of opposition from other quarters. It's worth talking to neighbours who don't have vans and getting them on side and bringing them along to the meetings too.

WHITE_P

cabrwab wrote: »

Could be worse the last complex i shared in the owner of the property was told her 00 206 had to be changed as the management had a policy of 18month old cars only!

WTF, that's the most ridiculous thing I've ever heard, who are these people.

WHITE_P

Fey! wrote: »

Check for restrictions on parking. If there are none, then ignore the new "rules". If you get clamped, ring the Gardai and inform them that someone has illegally interfered with your vehicle. Seeing as you're an owner-occupier, you could always try not paying the management fees, and see how long they take contacting you about that.

This kind of BS shouldn't be tolerated; it's a minority trying to show their "power" over a majority.

+1

cabrwab

The people who were at the meetings who were probably 2 people in the penthouses with lots of money. Either way, the new rule lasted about a week!

But the OP talk to other owners your going to have to become a politician knocking on doors talking to people.
Get together and go to the meetings that take place. you own the apartment, so use this power.

Does anybody else have a van? i don't remember if you said that already.

camo11

Thanks for all the replies. i spoke to a solicitor who said most agreements you sign when you buy an apartment basically allow the management company the right to do anything they please. This guy has worked on several similar cases. Basically i don't have any legal right. As much as it seems like i am right !
So basically chatted to the mangement company about it for about 30 mins and basically their stance is still the same. They say they are trying to raise the profile and make make the complex look better. Typical snobs !! Some tradesmen i know have a van during the day but also drive big expensive cars outside working hours.
Sad to see there is nothing i can do at the moment. There is a meeting in a few weeks to discuss relevant issues so i will be bringing this up at it.

Cheers

alias no.9

camo11 wrote: »

Thanks for all the replies. i spoke to a solicitor who said most agreements you sign when you buy an apartment basically allow the management company the right to do anything they please. This guy has worked on several similar cases. Basically i don't have any legal right. As much as it seems like i am right !
So basically chatted to the mangement company about it for about 30 mins and basically their stance is still the same. They say they are trying to raise the profile and make make the complex look better. Typical snobs !! Some tradesmen i know have a van during the day but also drive big expensive cars outside working hours.
Sad to see there is nothing i can do at the moment. There is a meeting in a few weeks to discuss relevant issues so i will be bringing this up at it.

Cheers

Approach as many neighbours as you can before this meeting, explain your situation, try to get as many of them as possible on your side and to go to the meeting. If they're not interested in your cause, don't even mention the meeting . Each owner has an equal voting share in the management company, If you can muster a decent turnout for your cause and there is a low overall turnout, you could swing it.

Edit: Remember when talking to your neighbours that they may in the future need to park a van in the complex, or may indeed need your alliance on another issue that's put to a vote.

cabrwab

Sweet dear jebus camo11:eek:.

What the frick snobbery at the top level! Raising the profile of a complex i own a share off!! DId you remind you own an apartment and pay fee's

Fey!

It may be worth finding out which resident approached the management company with this idea and talking to them, or finding out whether or not the company is doing this on their own.

markos79

siralfalot wrote: »

time to buy one of these?? :D

great idea siralfalot:D:D:D

this seems to be the best option let them clamp you then chew the clamp off,easy peezy!!!!;)

Anan1

alias no.9 wrote: »

Approach as many neighbours as you can before this meeting, explain your situation, try to get as many of them as possible on your side and to go to the meeting. If they're not interested in your cause, don't even mention the meeting . Each owner has an equal voting share in the management company, If you can muster a decent turnout for your cause and there is a low overall turnout, you could swing it.

Edit: Remember when talking to your neighbours that they may in the future need to park a van in the complex, or may indeed need your alliance on another issue that's put to a vote.

I think this is the best advice yet. As has been said, these meetings tend to be poorly-attended. This gives disproportionate importance to the voices of those who do turn up. Even forgetting for a moment about your current problem, it's good to be involved in the running of your complex.

Steve

camo11 wrote: »

So basically chatted to the mangement company about it for about 30 mins and basically their stance is still the same.

Don't forget that you own your share in that company, the directors are elected by the owners. If you can get enough support from other owners then you can make them change their decision or get them voted out at the next AGM.

In saying that, you will have a difficult task getting people to support you, people tend not to like large vans parked in their estate.

mikewest

Not quite sure how this would work but if they clamp the van, sue for damage to van as well as compensation from loss of earnings ( you had a lucrative contract that day). Maybe when they receive a legal type bill for a silly amount of money they may be persuaded to change their policy. As they say money talks. This would only be after all other avenues including talking to the rest of the owners fail.

Steve

mikewest wrote: »

Not quite sure how this would work but if they clamp the van, sue for damage to van as well as compensation from loss of earnings ( you had a lucrative contract that day). Maybe when they receive a legal type bill for a silly amount of money they may be persuaded to change their policy. As they say money talks. This would only be after all other avenues including talking to the rest of the owners fail.

Sueing was mentioned earlier as well.

As an owner of the management company, he would in effect be suing himself, I don't think that can be done.

colm_mcm

cabrwab wrote: »

Could be worse the last complex i shared in the owner of the property was told her 00 206 had to be changed as the management had a policy of 18month old cars only! Even though there was a person with a 05 corrolla which had been smashed to bits parked/abandoned in a space! They had no problem with that!

How can they tell the difference between a 18 and 23 month old car, this is one of the most ridiculous things I've seen on here!

Anan1

colm_mcm wrote: »

How can they tell the difference between a 18 and 23 month old car, this is one of the most ridiculous things I've seen on here!

And quite possibly untrue, colm.;)

s14driftking

man your house your parking space park wat u like there at the end of the day your out making money to pay for your mortgage etc if they clamp the van cut it off and keep doing so till u get your privilge to park your transport at your own house i had similar trouble in the last place i lived wit them complaining over the noise a my car was sorted simply by saying y car nct,d taxed and insured now **** off

cabrwab

Indeed completely untrue, i like to tell lies, make up stories etc during my spare time best go she my therpaist QUICK!

I didn't ask how they knew it was 18months old. All i was worried about was my company vechile being allowed in the visitors car park every night, since the apartment only had one assigned space