A few months ago we made the move from Dublin to a lovely estate in Kildare which is run by a management company. At the moment we are renting and are very much enjoying the new area and neighbourhood but the parking arrangement is driving us mad. A number of our neighbours park large delivery trucks in our shared parking rows. These trucks take up a lot of space but also make our nice area look like a truck yard and very much block our view of the neighbourhood. We mentioned it to our landlord but he didn’t seem to have any suggestions. Are there any restrictions on where people can park large vehicles? Is there anything we can do to see if our car park can return to being a car park for regular-sized cars?
The issue of commercial vehicles using the parking facilities of residential developments is one we are seeing more and more, writes Paul Huberman. Whereas previously local communities might have overlooked the issue, that is not always the case now.
Conventional leases for residential developments are constructed on the basis that the development is for private residential use. Many residential owners’ management company (OMC) leases will state that parking facilities are for private cars only. Some leases are silent on the matter of what vehicles may or may not park in the development. There is a range of parking regulations that can be agreed by members at an annual general meeting (AGM) using the house rules as an extension of the governing lease agreement.
Your landlord is the relevant party to engage with the OMC. Following a review of their lease they may identify a failure in the lease to enforce a ban on commercial vehicles or they might seek to enhance or improve parking regulations within the development. This is subject to the lease’s position on what can be parked within the development and a majority of members voting in favour of stricter parking regulations at an AGM.
Any regulations made by the OMC for parking enforcement will need to be compliant with the Vehicle Clamping Act 2015 and the Vehicle Clamping and Signage Regulations 2017.
It is important for all OMC members to have a fair and balanced discussion on the matter if it is of concern to them. Equitable and practical house rules can made and agreed so that the fabric of the community is protected for the benefit of all property owners. The reality of the matter is that the commercial vehicles are crucial for the work of those residents.
The laws of unintended consequences may arise where commercial vehicles are prohibited resulting in a decline of rental and property owners’ income which in turn has an impact on service charge payments which are essential for a development to prosper. You don’t want a situation where the exclusion of commercial vehicles leads to a range of new issues including overflowing bins and broken street lighting!
Paul Huberman is a chartered property and facilities manager, and a member of the Society of Chartered Surveyors Ireland
