Condominium parking rules

[Skeety65]

Hi everyone 

 

I’m looking for some clarification or advice regarding the use of condominium common ground for parking.

 

Currently we have a situation at our condominium where we don’t have enough space for the amount of motorcycles we have.
The problem is getting worse each year with more motorcycles being purchased and not enough space to park them.

 

The current committee which I’m part of want to convert 3 car parking slots into a new motorcycle area however we are not sure if we need AGM approval for this project.

when the condominium was built there was only one area for motorcycles to park but since then more areas have been allocated without AGM approval but last year one of the co-owners tried to sue the previous committee regarding an issue concerning the common area. Despite him not really having any legal grounds for doing so it’s made our management company tread very carefully concerning future projects.

 

I’ve asked them to consult with their legal department but they seem very reluctant to commit one way or another.

 

The way this committee see the situation is that the common area being used for this project is already for parking so we are not really changing the use of the area.

it’s not like we want to build something completely different which would constitute a change of use and would need AGM approval.

 

Any advice would be appreciated 

 

 

‘Thanks 

 

 

[blackcab]

Definitely bring it up for a vote at the next AGM. If the majority of co-owners agree then go for it.

 

It's not worth putting yourself and others in the firing line for. 

 

Take good quality photos of the problem and also the proposed solution.

[Pattaya57]

Put yourself in a car owners position where they've lost several car parks and now you propose another 3 to be lost to bikes. This is why you must propose it at the AGM and have majority vote yes before you can do it. 

 

All car parking rule changes in my Condo have always been submitted to the AGM for a majority vote (included converting 2 car parks to bikes). There were also some quite heated discussions as people expected they had a right to always park their car, even though there are less than half the number of car parks to number of Condo's

 

[Skeety65]

Thanks for taking the time to reply 

[Regyai]

"half the number of car parks to number of Condo's"

 

Exactly the boll ocks that put me right off 'condos' years ago (each should have 2 or 3 allocated car parking spaces)

[Pattaya57]

1 minute ago, Regyai said:

"half the number of car parks to number of Condo's"

 

Exactly the boll ocks that put me right off 'condos' years ago (each should have 2 or 3 allocated car parking spaces)

I agree 1 space would be nice as it is in Australia, but why do you think people should have 3 spaces each?

 

Pattaya definitely seems to have more bikes than cars so sort of makes sense don't need as many car spaces

[Regyai]

2 occupants = two cars 

Spare for visitor

[Pattaya57]

Just now, Regyai said:

2 occupants = two cars 

Spare for visitor

You're dreaming. Even in Aus I had to park the Harley sideways in front of the car in my one space so a pain to get the Harley out

[Regyai]

Corporation housing estate?

 

New build flats even in the backwaters of northern England have two

[thaitero]

Many condos have motorcycle problems because there are  motorcycles which do not belong there. 
Abandoned motorcycles, long time parking of tenants and owner friends and many snowbirds who rent rooms for winter leave their scooters behind for summer if they know that there is no checking who parks and why.

 

Firstly there should be complete check of parked scooters and issuing parking stickers or similar.

[blackcab]

17 hours ago, thaitero said:

Many condos have motorcycle problems because there are  motorcycles which do not belong there. 
Abandoned motorcycles, long time parking of tenants and owner friends and many snowbirds who rent rooms for winter leave their scooters behind for summer if they know that there is no checking who parks and why.

 

Firstly there should be complete check of parked scooters and issuing parking stickers or similar.

 

@Skeety65 That's a really good point made by thaitero. Has your condo building done that?

[Skeety65]

19 hours ago, blackcab said:

 

@Skeety65 That's a really good point made by thaitero. Has your condo building done that?

Yes we’ve tried everything. Unfortunately this is a very slow process where the management company try to contact the owners then if that fails they ask the police to take the bikes away. It’s been done in the past and we are in the process of doing it again but unfortunately the police don’t really w at ti get involved. Plus we are looking at getting everyone to register their bikes at the next AGM so if there’s people parking illegally we will hopefully find out. 
 

By the way we have enough car parking spaces so losing 3 won’t present a problem.

This post was really for people who have had committee experience as what I’m trying to do is find out if we are breaking condominiums act rules. Even though I appreciate peoples comments they’re only personal opinions which don’t really help. I need advice on the condominium act in terms of my enquiry. 

Our AGM is months away and high season is approaching so we really need this parking space soon and even more so come high season when we will be saturated with bikes.

19 hours ago, blackcab said:

 

@Skeety65 That's a really good point made by thaitero. Has your condo building done that?

 

[blackcab]

1 hour ago, Skeety65 said:

I need advice on the condominium act in terms of my enquiry. 

 

The Condominium Act gives you statute law, which is only a starting point. The Act doesn't have much to say about individual issues such as this, as these are left to the co-owners to manage themselves by way of an AGM/EGM  resolution.

 

If your committee does not have the specific power to perform this function as delegated by the co-owners at a previous AGM/EGM then you will need to propose a motion at the next AGM/EGM.

 

In a happy well run building the committee can usually make minor changes like this if there is no detriment to the co-owners, but in your case you have a litigious co-owner.

 

In the absence of specific permission in the Condominium Act, and in the absence of delegated authority then you have two choices:

 

1. The committee convenes and authorises the action anyway, or

 

2. You wait until the next AGM/EGM

 

It's entirely up to the committee if they want to go at risk or not. I would not expect the management company to undertake the change without a written resolution from the committee.

[Pattaya57]

1 hour ago, Skeety65 said:

This post was really for people who have had committee experience as what I’m trying to do is find out if we are breaking condominiums act rules. Even though I appreciate peoples comments they’re only personal opinions which don’t really help. I need advice on the condominium act in terms of my enquiry. 

You as a committee member should have access to the Condo Bi-Laws and your Juristic Manager company should definitely know what they are.

 

When I first bought my Condo the committee thought they had absolute power to do what they want on advice of the Juristic Manager appointed by the developer. After everything hit the fan a juristic company was appointed and all AGM rules have been followed since, with ref to Condo bi-laws

 

To me it's quite simple. Any change to common property must be approved by the majority of owners at an AGM.

 

Owners bought the condo knowing there were 'X' number of carparks and 'Y' motorcycle parks. You can't just change it because the committee says so. Also, if you think there are so many car parks you can easily lose 3 why are you worried about going to AGM. Should be an easy vote to win (committee can call an emergency AGM if so critical)

 

[Shop mak]

On 8/6/2023 at 4:29 PM, Skeety65 said:

so it’s made our management company tread very carefully concerning future projects.

 

I’ve asked them to consult with their legal department but they seem very reluctant to commit one way or another.

 

Worth to consider: Maybe co-owners should consider to replace your juristic staff.

If your 'management company' even have a educated lawyer?

 

Registration of all vehicles should have been done years ago. 

Only 1 vehicle per unit allowed, unless plenty of vacant parking slots.

Bylaws that any vehicle parked beyond 3 months without movement, would be towed out of parking area.

Lastly, check if security staff also rent out parking space to outsiders, as a sideline income. Very common.

 

On 8/6/2023 at 4:29 PM, Skeety65 said:

The problem is getting worse each year

 

And little has been done by previous commitee members, it seems.

Time to shake up things and get a real juristic office that solve issues rather than quote:

 

On 8/6/2023 at 4:29 PM, Skeety65 said:

it’s made our management company tread very carefully concerning future projects.

 

[Pattaya57]

To fix our car/bike problem the only thing that worked is registering each vehicle and if you are not registered they will wheel clamp the vehicle. Fee to remove the clamp is 500 baht per day clamped

 

All of this was approved at AGM with budget for new signage and wheel clamps, while fines were allocated to ongoing costs

 

[AlexRRR]

You want to convert 3 car spaces for bikes? if it was my condo building id be after your head, rules as it is devlopers only need to provide 1 parking spot for something like 3 units, so where do the cars go if you pinch there spots mr?

 

Tell them to park on the streets like the dam cars do...

[scubascuba3]

18 minutes ago, AlexRRR said:

You want to convert 3 car spaces for bikes? if it was my condo building id be after your head, rules as it is devlopers only need to provide 1 parking spot for something like 3 units, so where do the cars go if you pinch there spots mr?

 

Tell them to park on the streets like the dam cars do...

More residents have motorbikes than cars hence the bigger demand, simple?

[AlexRRR]

16 minutes ago, scubascuba3 said:

More residents have motorbikes than cars hence the bigger demand, simple?

Not enough car spaces in my building if we miss a spot we park on the road the bikes can do the same.

[Dan O]

Refer to the condo documents\bi-laws for language on common area parking. There should be some language in their and may or may not allow or prevent an easy conversion of existing spaces

[scubascuba3]

20 minutes ago, AlexRRR said:

Not enough car spaces in my building if we miss a spot we park on the road the bikes can do the same.

Ah ok your condo is different 

[ravip]

In our condo there is a sticker which needs to be renewed annually. 

A 2 keycards for each condo of which only one opens the  barrier at the front security point. 

I have seen wheels locked by the guards on vehicles without a valid sticker  - there are visible notices to this effect  - fine 2000 Bahts. 

Seems quite effective.