Clarifying the "Parking Space" Issue in Condominiums, Where Most Projects Currently Provide Only 30-40% of Required Spaces. Where Will Owners Park Their Extra Cars? Exploring Various Solutions to This Problem.

The author presents a "Article" on Parking Spaces... a complicated issue in condominiums discussed previously, outlining the legal requirements regarding building control, particularly Ministry Regulation No. 7, which mandates that each residential building in Bangkok must allocate at least one parking space for every 120 square meters (sq.m.) of area, while in other provinces, at least one parking space must be provided for every 240 sq.m.

However, in practice, regardless of the size of the condominium, the number of parking spaces provided does not meet these requirements. Most projects only allocate about 30-40% of the total saleable area for parking spaces, which is "insufficient" for the cars of buyers or co-owners.

For example, if Condominium Project A has a total saleable area of 20,000 sq.m. with 450 units, it should provide at least 167 parking spaces in Bangkok or at least 84 spaces in other provinces. However, in reality, developers provide only 30-40% of that, meaning Project A should have at least 135-180 parking spaces. Nonetheless, this number is still inadequate for 450 units.

So, where will the cars of co-owners and buyers, who exceed the allocated 30-40% or the 135-180 spaces, be parked? Because all available parking spots are already taken!

Many condominium projects may charge high "common fees" and, after deducting expenses, may have profits that could allow them to rent external land from neighboring landowners to facilitate parking for co-owners and residents. However, many other projects have limited or no income from common fees, leaving co-owners with nowhere to park their cars.

Nevertheless, when co-owners and buyers refuse to pay increased "common fees" or do not want to use "funds" to purchase automated parking systems like those in some foreign countries, how will both co-owners and the condominium management find a solution for the "excess" cars?

Let’s look at some examples or solutions for parking issues in certain condominium projects.

In Project A, before signing the sale agreement, the developer includes a clause stating that each buyer can park only one personal vehicle in the condominium. If they have a second, third, or fourth vehicle, they will be charged hourly or monthly fees as determined by the management, which will be deposited into the condominium's bank account.

In Project B, the management allows co-owners to park two cars in the condominium. For any additional vehicles, a service fee of 36,000 baht per year for the third car and 50,000 baht per year for the fourth car will be charged.

In Project C, the management provides two parking stickers for two cars. For a third or fourth car (if any), no stickers are issued, and only temporary access cards are provided for daily entry and exit. Overnight parking for the third or fourth car is not allowed, and if violations occur, the management can implement wheel clamping and impose fines for overnight parking. If parking spaces are full, co-owners must park their personal vehicles outside the condominium.

If the management presents the parking plans of Projects A, B, and C to the general assembly of co-owners and establishes regulations for parking, which plan would you choose?

Now, let’s examine the "pros and cons" of each plan.

Projects A and B have the "advantage" of generating income from parking fees, which can be used for managing parking areas or other purposes. However, the "disadvantage" may include potential fraud or the transfer of rights to others who are not co-owners, as well as risks of damage to vehicles or theft, which could lead to legal issues for the management.

Project C has the "advantage" of ensuring that the first two cars with stickers have guaranteed parking rights, while the third or fourth cars do not receive stickers and cannot park overnight. They must be removed from the condominium by a specified time. If not, the management can enforce wheel clamping and impose fines. However, there seems to be no "disadvantage".

Ultimately, while the above regulations may be proposed by the management for consideration by the board, the final decision on how to manage parking spaces will rest with the general assembly of co-owners.

SOURCE: www.bangkokbiznews.com