Renting out my parking

[Alanito]

Hi,

im the owner of a condo in bkk. The sales contract included the right to use 2 parking spaces ( the parking spaces are not allocared). I dont have a car, so i never made use of it.. A month ago an other resident of the building asked me to rent out one of my parking spaces to him. I aggreed and got him a parking sticker with his license plate nr. from the administration. 

Yesturday my wife told me that the administration had a meeting and informed her about we would not have the right to rent out the parking and i would have to come see them.  

I would like to get myself a bit better informed before i go there.

I found other posts about renting out  parking spaces in this forum, but all of them where related to residents who rented the parking space to outsiders.

This seems to be quite usual practice, but probably is in conflict with the Thai Condominium act.

But what about a resident who temporarly transfers his rights to an other resident?

 

besides that does anyone know if it s possible to change a current unassigned parking system into a allocated parking by the general meeting?

our building still has a lot of unsold units, and i find it kind of unfair if those are sold with parking rights for parking lots that simply not exist..

Allocated parking spaces would prevent this from happening.

[KittenKong]

If you dont own something I dont see how you can rent it out without permission from the owner. Renting out something that you only have the use of is subletting and is normally prohibited under the terms of your own usage agreement. So what are the terms under which you use the parking spaces?

 

Yes, at your yearly GM the co-owners could vote to have allocated parking spaces. I personally think that such a decision would be beyond the remit of the committee alone but some committees would probably disagree with me.

[newnative]

Interesting question.  When we lived at View Talay 7 condo in Pattaya we rented a garage parking space for a year.  In our case, the parking space was assigned and owned by the person we rented it from.  Since he owned the space, it seems like he would have the right to rent it out.   A grayer area would  be unassigned spaces and condos assigned one parking sticker/gate keycard per condo

[trogers]

Parking lots unallocated means they are part of the common area under joint ownership with other owners. You have no exclusive rights to any particular lots, nor any rights to assign them to outsiders.

 

Even your rights to two parking lots can be revoked if it is not engraved in your sales and purchase agreement.

Edited May 13, 2017 by trogers

[Ulic]

You are not renting out the parking spot as they are unassigned. You are renting out the parking sticker. That is the way I see it. 

[KittenKong]

3 hours ago, newnative said:

Interesting question.  When we lived at View Talay 7 condo in Pattaya we rented a garage parking space for a year.  In our case, the parking space was assigned and owned by the person we rented it from.  Since he owned the space, it seems like he would have the right to rent it out.   A grayer area would  be unassigned spaces and condos assigned one parking sticker/gate keycard per condo

 

As far as I know VT 5 and 7 (possibly 6 and 8) had a system whereby the spaces were for sale and were marked on a chanote. And I seem to remember that anyone buying a corner unit was obliged to also buy a parking space, or one was automatically included in the purchase which amounts to the same thing. Like you I see no reason why those people should not rent out the space that they own but I also dont see how it could extend to spaces that are not owned individually.

[kwonitoy]

12 hours ago, KittenKong said:

 

As far as I know VT 5 and 7 (possibly 6 and 8) had a system whereby the spaces were for sale and were marked on a chanote. And I seem to remember that anyone buying a corner unit was obliged to also buy a parking space, or one was automatically included in the purchase which amounts to the same thing. Like you I see no reason why those people should not rent out the space that they own but I also dont see how it could extend to spaces that are not owned individually.

In VT7 when buying the condo initially parking spots were offered for sale, as an early buyer I could pick my parking spots location and also the size, cost was 75,000 baht and it is specified on the chanote.

Should have bought a bunch as there is a very high demand for resale.

I've been approached for rental as I don't live there much, but was only offered 1,000 baht per month, passed on the offer

Each spot has your condo number and there is an electronic card swipe for entry, the desk doesn't issue a card unless you can prove you own the spot.

[impulse]

I suspect the big issue at the OP's property is that there aren't nearly enough parking spots to assign one to every unit- they count on only a percentage of the occupants having cars.  In which case, there could be a trainwreck if all the other residents all leased out their unassigned parking rights- which is bound to happen once the word got out that there's money to be made.

 

Edit:  BTW, that's turning into a big time bomb down the road in China as more and more people can afford cars after buying into condos many years ago with parking resources calculated based on a lot of bicycles and very few autos.  Nowadays, it's hard to even drive down some of the streets in front of the large projects for all the (poorly) parked cars.  It'll be interesting...

Edited May 14, 2017 by impulse

[manarak]

OP : a simple solution: make a rental contract for the car to you.

[bazza73]

The OP has the right to use two parking spaces, according to the sales contract. IMHO, it's none of the management's business how he chooses to use them.

My guess would be they are looking for a slice of the rental.

[trogers]

1 minute ago, bazza73 said:

The OP has the right to use two parking spaces, according to the sales contract. IMHO, it's none of the management's business how he chooses to use them.

My guess would be they are looking for a slice of the rental.

As the Juristic is not a party to that sales contract, the OP needs to seek out his contracting party - the Developer...

[impulse]

8 hours ago, bazza73 said:

The OP has the right to use two parking spaces, according to the sales contract. IMHO, it's none of the management's business how he chooses to use them.

My guess would be they are looking for a slice of the rental.

 

And what happens when they tell someone down at the pool what they're doing and the other 100 residents say "what the heck" and they each lease out their 2 spaces, committing to 200 parking spots in a 120 space lot?

[thailand49]

What does the By-Laws to the Condo, if any, say?  If none of your paperwork to ownership of condo indicate you owned the spaces then you are out of luck.

[stud858]

 Ignore the Thai condominium act. There is no government agency enforcing it. There are breaches of it's law everywhere and nobody cares much. 

What matters is who are the ones who have placed themselves in charge at the condo. Get on their good side and offer some payment to them. Too easy.

[KittenKong]

59 minutes ago, stud858 said:

What matters is who are the ones who have placed themselves in charge at the condo. Get on their good side and offer some payment to them. Too easy.

 

That's the Thai way. Not to be condoned or promoted, I think.