I might have to lawsuit myself (apartment life)

[Shango66]

Late 90s I purchase a small apartment in a nice area, close to city, good transport etc.
it came with an on title garage that I could enter/exit across common space.
there were often cars parked on this common space but I could still manage to enter/exit garage.
i went off, married, kid, bought house, divorce, lost house, back to bachelor life, moved back into my apartment that I was lucky enough to retain after the bust up.

lord it seems more difficult to park in my garage now, I think I’ll park out here on common area with all these other folks and store some stuff in my garage, a few years go by in this mode.
then recently I get an email from building manager.
”whose car is this parked in front of this garage?”
“it’s mine“ I say “ parked in front of my garage“
“you can’t do that” was the reply.
so I do a bit of investigating and in fact, over a long period of time, previous owners had granted themselves parking bylaws to allow themselves parking rights on common ground. To the extent that I can no longer enter or park in front of my titled garage.
off to the lawyers soon.
I may have to suit the owners Corp, of which I’m the secretary to and pay into each quarter.
damn I hate greedy chiselers taking stuff that don’t below to them.

S

 

[ozcal]

every time i go back (home) to australia i can t believe how much it s changed...

let s just leave it at that...

good luck shango

 

[NoTeleBob]

That would be odd.. So someone could park in front of your garage while your car was in there and you would not be able to leave? That does sound like they've taken some rights from you – to say the least.

 

[BigDaddyLH]

Be sure to use "ingress" and "egress" in the lawsuit. I've always wanted to use them words.

 

[Refugee]

You should be able to hit them with an unlawful detainer of property. Get a good lawyer. Not a quick Google lawyer.

 

[Trenchant63]

Do a lawyer consult first to assess your chance at success before you spend thousands in a never ending path to maybe winning. Also - is it possible to bring a suit minus a lawyer by getting ramped up on the law and doing your own homework? I know a guy who has represented himself twice in court and has won both times. But he knows the law and procedures cold. I think it’s his hobby part time.

 

[Killing Floor]

Grant yourself a stage volume rehearsal space.

 

[Monoprice99]

I'd like to see photos of the area. If it's anything like USA, there is an easement that's property that the city/town owns between the physical road & your actual property. Is this like a cluster of duplexes & single townhome dwelling properties ? Apartments on the USA are stacked living with 2-3 floors with either assigned or a free for all of unassigned parking. Depends on the ciy/town, there might be ordinances that can be enforced for illegal parking in that easement. Where I am, there's a swale for storm water drainage, no parking between 1 AM & sunrise. And that's to discourage overutilization of 1/2 a dozen adults living in a single unit, parking in the yards & swales of a 2/2 or 3/2 duplex. Eventually, warnings become citations & fines, the fines accumulate into towing & the cars become a financial hardship. This kind of situation.

Residents Complain About Lack of Parking at Miami-Dade Apartment Complex

Imagine coming home tired and finding there is nowhere to park. It’s what residents of a Miami-Dade apartment complex say happens every night and when they park in the wrong place, their cars get towed.

www.nbcmiami.com

 

[dented]

You can search in your spare time about cases that are similar and maybe just like yours. Then get some info on how to proceed along with your legal counsel. Law libraries are fun to visit and do research. Good luck.

 

[brookdalebill]

People!
No dang good, I tell ya’.

 

[kuch]

ROW=right of way

In the US, congress is considering changing the laws on the amount of parking developers need to provide when they build malls, apartments, etc... because it's costing them too much $$$....

 

[0SubSeanik0]

I think you're going to lose this lawsuit, so maybe it's best to just settle yourself.

 

[Toto'sDad]

I am always amazed when I see people looking at a property back east (from California) on HGTV and there is NO PARKING of any kind assigned to houses costing a half million dollars, and more. The realtors always say, "oh you can USUALLY find a parking space!"

When my son briefly lived down south in Long Beach, you wouldn't believe the notes people would post on other people's cars for parking in "their" parking spot on a public street. Simple death threats were among the nicer notes. I was amazed at the ingenuity some people could incorporate into a small note left under a windshield wiper. Local entertainment, people would line up on the sidewalk to read the notes.

 

[jtees4]

It doesn't make much sense to me...if in fact it is a garage. So NO ONE can park in their own garage?

 

[Toto'sDad]

The problem with assigned parking is that it is not, nor will it ever be permanent. It's all well and good when the development is new. Over time, the people that buy into the development have children, they grow up, but in today's world they never leave home, and buy a car, it has to be parked somewhere. Repeat, repeat, repeat, and soon, there is NO parking anywhere.

 

[schmee]

If the garage and it's use was part of your purchase contract and/or county property description, I would say you have a case. It speaks to value. Often parking space is a costly addition to certain properties. Seems to me they would have to legally take away that part of your property, not just decide to change things.

 

[bobio]

I hear ya, had my fill of apartment life years ago and will NEVER go back
Even with all the headaches of home ownership, living in close proximity to others...meh

 

[Guitarzan]

Be sure to use "ingress" and "egress" in the lawsuit. I've always wanted to use them words.

Have you ever been able to use infiltration and exfiltration or embark and disembark?

 

[Esquire Jones]

I bought a condo years ago that had a specified and deeded parking space.

Actually two deeded spaces but only one was a specific spot.

I guess my point is that it’s possible to have a deeded spot. Carry on.

 

[BigDaddyLH]

Have you ever been able to use infiltration and exfiltration or embark and disembark?

No, just "deplane". Don't know its opposite