Who owns a parking space when you buy an apartment

cathal79

Hi,

Clamping notices just went up in the carpark of the apartment block I live in stating that cars without parking permits will be clamped.

Both my wife and I share the parking space we got with the apartment but we only have one parking permit disk which is in her car.

My query is that is it legal for the clamping company or management agent to clamp your car when it is parking in the spot you got with your apartment?

The clamping used to operate on the basis that if someone else was in your spot you rang them (if you were that way inclined) and got the person clamped.

Is it not a case that when you buy an apartment with a parking space that its not yours and regardless of having a permit in the window or not that you can't be clamped?

Thanks

Cathal

Paulw

Check your Lease Contract.

In most cases, you only have use of a space (marked by your apt number). So, the management company own the space, and therefore can set any rules.

In that case, the management agent may bring in clamping, by order of the management company (usually agreed at an AGM). So, they can clamp you, even if it is in the parking space allocated to you.

Cathmandooo

I wouldn't say they come across many cases where two cars are sharing one spot so the permit is usually only attached to one reg plate.

Why don't you ring up wherever you got your parking permit and ask them if they could put two reg plates on the one permit for one designated space? Then you just swap the permit into whatever car is parked in the space. Surely they cant clamp then?

bertie1

Surely , they are both there at some time , where is he parking then?

gimme5minutes

Paulw wrote: »

Check your Lease Contract.

In most cases, you only have use of a space (marked by your apt number). So, the management company own the space, and therefore can set any rules.

In that case, the management agent may bring in clamping, by order of the management company (usually agreed at an AGM). So, they can clamp you, even if it is in the parking space allocated to you.

I thought I read on boards a few times that private companies actually have no authority to clamp you and if you remove the clamp there is feck all they can do about it...Is this the case or not?

markpb

gimme5minutes wrote: »

I thought I read on boards a few times that private companies actually have no authority to clamp you and if you remove the clamp there is feck all they can do about it...Is this the case or not?

Yes but only if you don't damage it in any way. In that case, the clampers are there at the request of the management company so they may decide to sanction you for the damage caused to the clamp (as per the house rules).

antoinolachtnai

It really depends on exactly what it says in your lease and exactly what motions the board or the members have made.

Jo King

Some of these clamping notices are put up by management agents and have no legal validity. You can cut the clamp off if that is the case. Only if the lease provides and there has been a resolution by the board can a clamping unles there is a permit displayed be legally enforced.

Paulw

gimme5minutes wrote: »

I thought I read on boards a few times that private companies actually have no authority to clamp you and if you remove the clamp there is feck all they can do about it...Is this the case or not?

The majority of what you read on boards is just pure opinion, and not legal fact.

Fact - the management company own the property and you just have use of it.
Fact - the management company can impose rules and restrictions, including clamping.

All the rest is opinion.

If you do damage a clamp, you can be charged with criminal damage. I'm not aware of any such cases, but it is something that you can be charged with.

Dudess

In the complex where I live, it's just a first-come-first-served set-up - there are no designated spots for any apartment/house owners/tenants.

Del2005

Jo King wrote: »

Some of these clamping notices are put up by management agents and have no legal validity. You can cut the clamp off if that is the case. Only if the lease provides and there has been a resolution by the board can a clamping unles there is a permit displayed be legally enforced.

You can NEVER cut the clamp off. It's a big gray area around private clamping and their interfering with your private property (car) and you with theirs (clamp). But you can be done for criminal damage if you cut a clamp off.

There is also the fact that since the clamping is being done on private property they can bar you from parking anywhere on the property if you do manage to remove the clamp without damage (or somehow arrive back to find a damaged clamp beside you car;) ) If this is your own development it means that you'll have to park your car somewhere outside it.

Cookie_Monster

Del2005 wrote: »

You can NEVER cut the clamp off. It's a big gray area around private clamping and their interfering with your private property (car) and you with theirs (clamp).

<snip>


The OP owns the apartment rather than rents as many people have stated. Does this make a difference?

Ste.phen

Cookie_Monster wrote: »

but of course you CAN cut it off.


The OP owns the apartment rather than rents as many people have stated. Does this make a difference?

The OP owns a share in the management company which owns the complex, and has exclusive use of their particular apartment via a long term (i think they're usually 999 year?) lease.
If the management company (of which the OP has a voting share) decides to clamp people who don''t follow the car parking rules, that's up to them.
Hard to know without asking the management company or their agent, but i'm guessing they were getting complaints from other residents about their spaces being taken

Victor

Cookie_Monster wrote: »

but of course you CAN cut it off.

You can of course be prosecuted and convicted for criminal damage.

Paulw

Cookie_Monster wrote: »

The OP owns the apartment rather than rents as many people have stated. Does this make a difference?

No, it makes no difference at all.

jimmycrackcorm

When my SIL bought her apartment, the solicitor said that she was basically taking out a mortgage for the airspace between the four outer walls.

Babooshka

cathal79 wrote: »

Hi,
The clamping used to operate on the basis that if someone else was in your spot you rang them (if you were that way inclined) and got the person clamped.

Is it not a case that when you buy an apartment with a parking space that its not yours and regardless of having a permit in the window or not that you can't be clamped?

Thanks

Cathal

I don't know where you live but in the apartments that I live in, there are signs ALL OVER THE SHOP warning that if you illegaly park in another private space you can be clamped. It does sound strange though that they can just clamp it without ringing I mean what if your sister/friend/brother/insert here, had a car and with your permission parked in your space. You'd have to check the legal side with the management company.

What do you insinuate by "that way inclined"? I only ask because as an owner of a private space that is constantly getting other extremely selfish people parking in it, I have no qualms about gettting them clamped. They're inconveniencing me as I have to drive over the other side of the city to park when it happens so why should I not report a rude, selfish, arrogant pr*ck, when I am the one who paid for the space? :rolleyes:

Del2005

In most places you lease the space you don't own it, like the apartment. Depending on the lease your may not be able loan the space out.