Bad neighbours!

[Sharon Derben]

I bought a house on a private estate around 10 years ago. Each house and
flat has an owned parking space, and there are a few visitors parking
spaces. Each purchaser has signed a purchase agreement with a restrictive
covenant which obligates them not to park in any of the visitors parking
spaces. Some owners refuse to
comply with the covenant and park their second (and third) cars in the
visitor places. The visitor spaces and all common areas are owned by a
limited liability management company owned in equal shares by all property
owners that collects annual maintenance charges. The director of the
company is one of the wost offenders. The company which has a few residents
as directors refuses to do anything other than write the odd letter to
offending residents. So the parking issue remains unresoloved and other
residents' visitors are unable to use the spaces.

My questions are:

1. Is there anything a resident can do? Does an owner have to sue the
management company? If so what for?
2. Is there a time limit after which the management company will lose the
right to the spaces?
3. Does this ongoing dispute have to be declared to potential purchasers?
4. Is there anyhting I can do?!

Any comments or advice really appreciated.

SD

[R. Mark Clayton]

"Sharon Derben" <sha...@nospam.com> wrote in message
news:441530f9$0$6959$ed26...@ptn-nntp-reader02.plus.net...

>I bought a house on a private estate around 10 years ago. Each house and
> flat has an owned parking space, and there are a few visitors parking
> spaces. Each purchaser has signed a purchase agreement with a restrictive
> covenant which obligates them not to park in any of the visitors parking
> spaces. Some owners refuse to
> comply with the covenant and park their second (and third) cars in the
> visitor places. The visitor spaces and all common areas are owned by a
> limited liability management company owned in equal shares by all property
> owners that collects annual maintenance charges. The director of the
> company is one of the wost offenders. The company which has a few
> residents
> as directors refuses to do anything other than write the odd letter to
> offending residents. So the parking issue remains unresoloved and other
> residents' visitors are unable to use the spaces.
>
> My questions are:
>
>
> 1. Is there anything a resident can do? Does an owner have to sue the
> management company? If so what for?

see below - very costly, IMHO risky and at the end of the day you are acting
against your own interests.

> 2. Is there a time limit after which the management company will lose the
> right to the spaces?

Not unless they park a caravanette and live in it for 12 years.

> 3. Does this ongoing dispute have to be declared to potential purchasers?

Possibly, although IMHO only disputes with neighbours do.

> 4. Is there anyhting I can do?!

IMHO this one is best dealt with by shareholder action. If the majority of
residents are as concerned as you then requisition a shareholders' meeting
(or just create a shareholder resolution) and replace the director(s). The
new board can then decide to take action - e.g. call in the clampers.

BTW why are you so aerated about it? Is there never a space for your second
car?