Sample Request for Parking Space Allocation and Use

Is the Car Park a Common Area?

Shared garages and car parks are treated as common areas by statute. An owner's continuous and exclusive use of a particular part of the car park can therefore only rest on a general assembly resolution.

A car park area may nonetheless have been allocated to a particular unit as an appurtenance under the management plan or a separate agreement. In that case the area belongs to that unit's owner and no further permission is needed. The distinction can be seen from the title deed and the management plan.

How Is the Use Regulated?

Where there are fewer spaces than units, a fair allocation must be agreed. The methods commonly used are:

• Allocation by ballot with periodic rotation
• Fixed allocation by unit number
• Priority and a waiting list for owners who have vehicles
• A shared area reserved for visitors

The chosen method should be adopted by assembly resolution and entered in the resolution book. An allocation made by the manager alone is open to challenge later.

What the Request Should Contain

• The applicant's unit number and contact details
• The vehicle registration and registered keeper
• The allocation method requested: fixed, ballot or rotation
• The period of use and any rotation proposal
• An undertaking to observe the rules of use
• A request that the matter go on the assembly agenda

Copyable Parking Allocation Request (Full Text)

……………………… APARTMENT / COMPLEX

TO THE MANAGEMENT / CHAIR OF THE GENERAL ASSEMBLY

Subject: My request for the allocation of a space in the shared car park.

I am the owner/tenant of independent unit no. …… in ……………………… Apartment/Complex. I own the vehicle with registration ……………

Our building's shared car park currently has …… spaces, and their use is ……………………… (not regulated / left to actual use / allocated by ballot).

Accordingly, I request:

1. That a parking space in the shared car park be allocated to me,

2. That the allocation be made ……………………… (by ballot / by unit number / on a rotating basis),

3. That the arrangements for use be determined by general assembly resolution and entered in the resolution book.

I undertake to use any space allocated to me in accordance with the rules adopted; not to obstruct the use of any other unit or access to common areas; and not to park outside the space allocated to me.

I submit the above for your consideration. …/…/20…

Full Name: ………………………    Unit No: ……    Registration: ……………

Signature: ………………    Contact: ………………

ANNEX: Copy of vehicle registration document

Filling Guide

Expressly ask for the arrangements to be set by assembly resolution. Asking only for a space for yourself invites objection from the other owners.

Include the vehicle registration and keeper details. Allocating spaces to units without vehicles causes disputes in practice.

Add the undertaking to observe the rules; this improves the chance of approval at the meeting.

If a Space Is Occupied

Where another vehicle uses an allocated space, notify the management in writing first and take dated photographs. The management issues a warning.

If it continues, the matter can go to the general assembly, and an action for prevention of interference may be brought before the Civil Court of Peace for unlawful occupation of a common area. Towing is possible only through the applicable legislation and the police; the management cannot interfere with a vehicle on its own.

Common Mistakes

• Allocation by the manager alone: an allocation without a resolution is open to challenge.
• Ignoring the common area / appurtenance distinction: different rules apply to registered appurtenances.
• Treating actual use as a right: long use creates no ownership or priority.
• Towing a vehicle unilaterally: the management has no power to intervene directly.
• No visitor area: the most common source of ongoing disputes.

This content and template are for information only and are examples. Adapt them to your specific situation.