I might have to lawsuit myself (apartment life)

[Peegoo]

@Shango66

Have a good read of the association's covenants and the by-laws. Even if there have been changes made, there should be a language that provides for unfettered access to private garage space to move a vehicle in and out of a garage designated as that which provides protected storage of a resident/non-commercial vehicle.

By-laws and covenants are a contract. If you do find contradictory language, e.g., "residents must not block vehicle access to others' private garage space," and, "residents may park anywhere in a common area," the contradictory language is, per contract law, construed against the drafter--in this case, the association's board.

A garage for a vehicle carries with it implied free access to the space. Contact an attorney familiar with condo/home owner association law. Make sure the attorney you consult is not associated with legal counsel of the association in question. This has happened in the past.

 

[Peegoo]

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

Most all airlines now use "board" and "de-board," which are opposites...but just as stupid.

 

[7171551]

"enplane"?

 

[String Tree]

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

That's crazy.
Best of Luck.

 

[Shango66]

@Peegoo
appreciate your thoughts.
I have lawyer’d up and had a traffic control engineer on site.

lawyer is looking over past bylaws that have been submitted without any measurements as to how granting a “car space” (also without measurements) on common ground impacts ingress/egress* of those garages on title was even possible.

traffic control engineer is writing a report on the area.
his findings are that I require a min turn apron of 7.5 m.
the bylaw car parks encroach on this by 2.2 m.
so it’s a case of titled garage v dodgy bylaw (we‘ll remove some garden beds, park there) parking.

several Properties have been bought and sold over this time and newer owners will not be happy either.