Partner Ed Cracknell and senior associate Aashay Knights give advice to a reader of The Times on how to handle selfish parking outside a block of flats.
The writer describes a dispute in a 100-flat gated development where a small number of residents are misusing limited guest parking spaces, prompting the board of directors to introduce paid guest passes and hire a private parking enforcement company.
Ed and Aashay explain that, although many residents resent paying because of the offenders, the freehold management company is generally entitled to regulate guest parking and recover related costs fairly. They advise that residents who oppose the new system can seek change democratically by joining the board or calling a general meeting (provided they have sufficient shareholder support) and should review the company’s Articles of Association and obtain legal advice if needed.
You should, of course, check the company’s Articles of Association (which should be freely available at Companies House) to ensure that the correct procedure is followed and if in any doubt seek professional legal advice.
The full article is available to read online at The Times by subscription only.
About Ed and Aashay
Ed Cracknell is a partner in the property litigation team specialising in all aspects of property dispute resolution. His areas of expertise include landlord and tenant disputes, business lease renewals and terminations, possession claims and development disputes.
Aashay Knights is a senior associate in the corporate and commercial team with particular experience in advising SMEs and private investors on fundraising and growth.
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