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I own a freehold property within an estate which has communal grounds including a private car park. There is a residents association which owns the freehold of the communal areas and is set up as a company which is limited by guarantee. Each new owner of the 15 plots on the estate is automatically made a member of the residents association. Each member pays an equal annual subscription which goes into a pot to pay for maintenance, the gardener, communal lighting and repairs etc.
The car park has allocated spaces for households without a garage plus unallocated parking for the rest of us. The property deeds state that each household has the right to park one car (only) within the unallocated spaces. Commercial vehicles are prohibited under a restrictive covenant. Parking in front of the garages is not permitted and there is a right of way over the garage forecourt (in order to allow unrestricted access for owners to their garages).
Due to limited space, the residents association has "opened" up more spaces including allowing four cars to park in what was once the turning area where two cars at the back are blocked in.
The problems are that we have multiple cars per household using the car park including visitors sometimes blocking access to the garages or emergency vehicle access and often making if difficult to get in and out of the spaces including those which are allocated. One of the neighbours parks a commercial van.
The residents association, whilst previously sending letters emphasising the above rules, is now allowing parking which is not in line with the covenants homeowners signed up to when buying into the estate. The majority of the worst offenders are tenants who are not members of the residents association yet seem to get special treatment. A registration list was issued a few months ago and, rather than allowing for only one car per household, many households have two permitted vehicles and one has three. The commercial van is permitted too which makes a mockery of the sign at the entrance of the car park which states "no commercial vehicles".
The upshot of this is that, as a single person household with only one car, I find it difficult to get even one space in the car park as is supposedly my right under the deeds. I cannot use my garage for parking either as people sometimes park in the forecourt too.
Today I parked in the turning area and was blocking a neighbour in but was happy to move my vehicle (to let him out) when he came and knocked on my door. What surprised me was that he was expecting me to move out the space completely so that his partner could have it instead - her car was waiting there ready to reverse in. Puzzled, I asked where I was supposed to go (as there were no other available spaces in the car park) and he said I should park in the road. Surprised, I wondered why they should have two parking spaces whereas I wouldn't even have one and he said I was "being unreasonable". He told me that there was an agreement that, as the spaces in the turning area are not real spaces, the director and secretary have decided that specific two car households should have those spaces so that they can move around to overcome blocking in situations. We regularly receive minutes from meetings and this arrangement has never been included / stipulated in anything I have seen.
To further add to my concern, the car park had new tarmac last year but pot holes opened up again very soon afterwards. The residents association have been quoted £20k - £30k if the job is to be properly done which hopefully can be avoided. However it has been floated that, if the work has to be done, the bill will need to be split between the owners which is a considerable sum. The building companies have suggested that the problems are being exacerbated by unusually large vehicles (the commercial van and a pick up truck frequent the car park and are on the registration list) and levels of traffic within our parking area which it wasn't designed for.
Given that the residents association is failing to manage the car park within the rules set out within the deeds (which tie into the articles of association governing the company), is it fair that I should be expected to contribute the same amount towards upkeep if I get far less use of the communal parking area than other households? It seems really unfair to me and as though I am subsidising others.
I am starting to wonder if I should consider withholding some of the annual subscription as I don't, in return, receive a fair share in terms of use of the communal areas. If the expensive works are carried out, I might be minded not to pay the invoice. If I did either or both, would it get me anywhere or just serve to sour relations?
Thanks in advance for any suggestions.
I own a freehold property within an estate which has communal grounds including a private car park. There is a residents association which owns the freehold of the communal areas and is set up as a company which is limited by guarantee. Each new owner of the 15 plots on the estate is automatically made a member of the residents association. Each member pays an equal annual subscription which goes into a pot to pay for maintenance, the gardener, communal lighting and repairs etc.
The car park has allocated spaces for households without a garage plus unallocated parking for the rest of us. The property deeds state that each household has the right to park one car (only) within the unallocated spaces. Commercial vehicles are prohibited under a restrictive covenant. Parking in front of the garages is not permitted and there is a right of way over the garage forecourt (in order to allow unrestricted access for owners to their garages).
Due to limited space, the residents association has "opened" up more spaces including allowing four cars to park in what was once the turning area where two cars at the back are blocked in.
The problems are that we have multiple cars per household using the car park including visitors sometimes blocking access to the garages or emergency vehicle access and often making if difficult to get in and out of the spaces including those which are allocated. One of the neighbours parks a commercial van.
The residents association, whilst previously sending letters emphasising the above rules, is now allowing parking which is not in line with the covenants homeowners signed up to when buying into the estate. The majority of the worst offenders are tenants who are not members of the residents association yet seem to get special treatment. A registration list was issued a few months ago and, rather than allowing for only one car per household, many households have two permitted vehicles and one has three. The commercial van is permitted too which makes a mockery of the sign at the entrance of the car park which states "no commercial vehicles".
The upshot of this is that, as a single person household with only one car, I find it difficult to get even one space in the car park as is supposedly my right under the deeds. I cannot use my garage for parking either as people sometimes park in the forecourt too.
Today I parked in the turning area and was blocking a neighbour in but was happy to move my vehicle (to let him out) when he came and knocked on my door. What surprised me was that he was expecting me to move out the space completely so that his partner could have it instead - her car was waiting there ready to reverse in. Puzzled, I asked where I was supposed to go (as there were no other available spaces in the car park) and he said I should park in the road. Surprised, I wondered why they should have two parking spaces whereas I wouldn't even have one and he said I was "being unreasonable". He told me that there was an agreement that, as the spaces in the turning area are not real spaces, the director and secretary have decided that specific two car households should have those spaces so that they can move around to overcome blocking in situations. We regularly receive minutes from meetings and this arrangement has never been included / stipulated in anything I have seen.
To further add to my concern, the car park had new tarmac last year but pot holes opened up again very soon afterwards. The residents association have been quoted £20k - £30k if the job is to be properly done which hopefully can be avoided. However it has been floated that, if the work has to be done, the bill will need to be split between the owners which is a considerable sum. The building companies have suggested that the problems are being exacerbated by unusually large vehicles (the commercial van and a pick up truck frequent the car park and are on the registration list) and levels of traffic within our parking area which it wasn't designed for.
Given that the residents association is failing to manage the car park within the rules set out within the deeds (which tie into the articles of association governing the company), is it fair that I should be expected to contribute the same amount towards upkeep if I get far less use of the communal parking area than other households? It seems really unfair to me and as though I am subsidising others.
I am starting to wonder if I should consider withholding some of the annual subscription as I don't, in return, receive a fair share in terms of use of the communal areas. If the expensive works are carried out, I might be minded not to pay the invoice. If I did either or both, would it get me anywhere or just serve to sour relations?
Thanks in advance for any suggestions.