Who owns and controls the parking lot of my apartment complex?
My question is simply this: Are the parking lots in apartment complexes part of the common areas and are they under the control of the Landlord Management Company (OMC)?
Paul Huberman writes: There are a variety of structures for MOCs and parking lots. Many residential-only OMCs have their own parking spaces in their common areas, which makes things easier. Some high density developments have a mix of residential and commercial units, and these developments tend to have a separate parking lot which is often underground.
This setup can be slightly more complex as there are normally some shared expenses that need to be split between the companies. One company could pay for insurance, for example, on the whole development while the other company would reimburse the cost of the appropriate contribution. These structures tend to have master leases indicating the arrangements and control with the companies that depend on them, one for residential, one for commercial units, etc.
A member of an OMC that owns a space would pay the maintenance of the parking lot in its annual service fee directly to its OMC or directly to a company incorporating the parking spaces. The title deeds for your property will show the specific space on a map if there is assigned parking. If there is unallocated parking, the lease will state how many vehicles each owner can have, this is actually a first come, first served system.
Conflicts can arise in developments when the number of parking spaces is less than the number of current vehicles owned by owners, commercial customers parking in residential spaces, abandoned vehicles, faulty access control, and repair and maintenance. the maintenance of these and the part responsible for the costs among many others. Serious problems can arise if emergency vehicles are prevented from accessing an area of a development due to ignorance of parking practices.
Improved parking etiquette may be necessary if abuse persists, and if action is required, the parking controller may use a commercial company for enforcement. Systems have improved since the entry into force of the Vehicle Tightening and Signaling Regulations, 2017 (Regulations) on October 1, 2017. These new rules follow the enactment of the Vehicle Tightening Act, 2015 ( Law) on June 1, 2017.
- Paul Huberman is a Chartered Property and Facilities Manager and a Fellow of the Society of Chartered Surveyors Ireland scsi.ie