Problem with a common yard in condominium mode and car parking
Problem with a common yard in condominium mode and car parking
Unjustified actions - in which cases parking a car in the own yard of condominium owners violates their ownership of the place
The yard is not intended for car parking and any action would be unjustified, for example in the following cases: 1. in the absence of a decision of the general meeting of condominium owners to use the yard for the purpose of parking of cars, and 2. the yard is not a common part of condominium where, when establishing the condominium, the co-owners agreed to exclude the yard as a common part of the condominium.
Example: And. is the owner of a yard in which a building is built in which residential properties are owned in condominium mode. M. and R. owned the two floors of the apartment building at the time of the dispute, and sold the other two floors to I.'s parents and third parties to the dispute. M. and P parked their private car in a passageway to the courtyard of the building, which, in addition to access to the yard, was also used to access two garages in the condominium building. By their actions, M. and R. created a state by which they illegally restricted I.'s property right because it prevented the full use of the yard for its intended purpose, and it was not established that the condominium owners had taken a decision at the general assembly of the condominium. the passage to the yard to be used for parking vehicles. Also, when establishing the condominium, the co-owners agreed to exclude the yard as a common part of the condominium.
In the light of that information, it must be held that the claim brought by Mr I. for his infringed right of ownership of the yard was correctly considered by the court to be well founded. The court found that the yard was not intended for parking cars because there was no decision by the general meeting of condominium owners to use the place for such purpose. The yard was not a common part of the condominium, because when establishing the condominium the co-owners agreed to exclude the yard as a common part of the condominium.
The property law provides legal protection to the owner against any direct or indirect unjustified influence of third parties over the object of the property right, which restricts, disturbs or impedes the proper use of the property. by the condominium owners if there is no decision of the general assembly of the condominium on how to use the yard for such needs. Where this effect is exercised by a third party for a condominium, it may limit the full use of the property by the condominium owners to the extent of the rights granted to the condominium owner whose property the third party holds, in accordance with the decision of the general meeting to use the property under the order of the Property Act.
Parking a car does not interfere with the walkability and burning of the other two cars in the two garages in the yard, but the location of the applicant's car requires more maneuvering when burning.
The yard was not intended for parking cars because there was no decision by the general meeting of condominium owners to use the place for such purpose. The yard is not a common part of the condominium, because when establishing the condominium, the co-owners agreed to exclude the yard as a common part of the condominium.
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg