When purchasing a property in park view villas, the buyer always observes the existence of parking spaces. This shows how indispensable this item is to make life easier for residents, even leading to disagreements. However, these disputes vary according to the types of parking spaces, given that each has its own characteristics.
In this post, we will explain the types of garage that exist and we will present the pros and cons of each one. In addition, it is important to understand the reasons why tenants and buyers should pay attention to vacancies and what are the most common rules about condominium garage. Stay with us and continue your reading to learn more about the topic!
Why pay attention to the types of parking spaces when choosing a house?
When deciding which apartment to purchase, it is important to always pay attention to the detail of the garage. The vehicles of the owner of the place must be in a safe space and have adequate space to park. These factors are essential to avoid problems with the organization of condominium garages.
Cars that are poorly parked, in inadequate spaces and that are taking over other people’s spaces generate many conflicts. Generally, these obstacles are brought up for discussion in internal meetings and cause some discomfort to those involved. For this reason, it is necessary to be aware of this issue when choosing the property.
What are the common garage rules?
There are many rules related to the use of garages in condominiums and each location has its own usage requirements. All rules must be included in the bylaws or in a collective agreement, in addition to being approved by local residents.
Each condo owner may have one or more spaces at their disposal, but this varies according to the size of the parking space. In other situations, they can be negotiated between neighbors, but in this case it is necessary to have legal support.
The rule for this type of negotiation is very clear and prohibits the sale of vacancies to people who do not live on the premises. See some more rules below!
Special places for the disabled and the elder
The Civil Code does not oblige condominiums to offer special vacancies for the elderly. The national law for the protection of people with disabilities and impaired mobility that guarantees the reservation in public spaces does not apply to condominiums. For this reason, each municipality can have its own rules.
Single car garage
Most condominiums have unique parking spaces. Some people use this demarcated space to park a car and a motorcycle. This tends to occur when the convention is silent on this point, causing other residents to feel uncomfortable.
This type of event has become commonplace, however, in the Courts of Justice, the understanding remains that it is not allowed to store two vehicles in the same parking space. But, if the condominium convention allows parking more than one vehicle per space, the practice will be considered legal.
No circulation of children
The non-circulation of children in the parking lot can also be stipulated by the condominium rules to avoid unexpected accidents and prevent damage to parked cars. Bicycles, skates and skateboards are common toys that can scratch vehicles or even dent them. Not to mention that the risk of being run over is also great in these areas.
Residents should keep in mind that the condominium garage is used by many people at the same time. For this reason, a maximum speed needs to be stipulated, which everyone will have to respect. This limit brings greater security to everyone and must be calculated from the route from the gate to the garage, limited to 10 km / h.
Rubble and objects
Both the residents of the condominium and the owners of the place will need to keep in mind that the garage is not an environment for leaving objects stored. Items such as leftover building materials and leftover debris must be kept in an appropriate place.
They should not be left in these environments, as a vehicle may be damaged if the driver goes unnoticed. Even more serious accidents can happen and cause serious problems for everyone involved. Another important point is not to leave objects thrown by the garage, such as:
While the tenant is transporting these items to another location, it is acceptable that they are in the garage, but they need to be removed quickly so as not to cause discomfort to other users.
How are the different types of parking spaces?
The most important characteristics in relation to garages are those of a legal nature. Among them are the vacancies:
- autonomous – have their own deed and can be sold;
- determined – they are part of the deed of the property and can only be sold next to the apartment;
- undetermined – belong to the condominium, and residents only have the right to use it.
There are several types of garages and each has its own peculiarities and aspects. Check out what are the most common types in condominiums!
Autonomous parking spaces are nothing more than spaces to park cars that have their own number plates at the Real Estate Registry Office. By having this real estate registration, the autonomous one can be negotiated separately from the apartment or house that is located in a condominium.
It can only be sold if there are any rules established by the tenants, legal restrictions or information in the registration that prevent the procedure of transfer of ownership.
Linked parking spaces, as the name implies, are those that do not have their own registration at the Real Estate Registry Office. The space is linked to the apartment and, even if it is owned by a tenant, ownership cannot be transferred without the sale of the residence or room.
Online parking space
This type of parking space is called perpendicular parking. Such nomenclature is due to the car being stopped or turned at a 90-degree angle.
In order to allow safe stops and exits, ABNT (Brazilian Association of Technical Standards) established the standard size for this type of vacancy. 2.30 meters wide and 5 meters long were defined. In the case of a person with a disability, a distance of 1.20 meters between spaces must be maintained.
The big problem with online parking is the difficulty faced by the driver to maneuver the vehicle when parking. This situation can be more complicated in cars that turn at angles less than 90 degrees. Therefore, it is recommended to do the maneuvers in reverse and with great attention.
Parallel parking space
This wave remains parallel to the road. It is a common parking lot, with vehicles stopping one behind the other.
Like the parking space in line, ABNT also determines the standard size of this type, stipulating 2.30 meters wide and 5.50 meters long. We emphasize once again that, in the case of a person with a disability, a distance of 1.20 meters must be maintained between the vacancies.
In addition, the complexity of this wave is in the goal. To make a stop, it is necessary to maneuver the car until it enters the space. The ideal is to observe a space between the vehicles, guaranteeing a safety margin, in case you need to move them.
Parking space type parking
Parking spaces and parking spaces are suitable for storing vehicles that, despite being used interchangeably, refer to different areas.
Parking is a common area, which can be used by all residents. Thus, the expressions “vacancies” and “garage space” should not be used in contracts involving the property belonging to the condominium. They also cannot deal with their sale, as all residents have only the right to use it.
The parking space follows the condominium rules, the internal regulations and the condominium convention, which may delimit them or not. If there is nothing stipulated, the residents occupy those available on a first-come, first-served basis.
Parking space stuck
Stuck spaces refer to those that are blocked by others, either by the presence of a vehicle in front or behind. Thus, there is no way to move without disturbing the neighbor.
It is a fact that a large part of the municipal regulations prohibit the construction of developments with stuck garages. However, these are present in old condominiums, often generating friction among residents.
To minimize disagreements, some actions are usually taken:
- deliver a spare car key to the neighbor, so that he can maneuver the vehicle himself, if necessary;
- letting the car loose, allowing it to be pushed;
- employ a valet;
- hire an architecture firm, with the objective of analyzing the garage and making adaptations.
Therefore, those who wish to purchase a property must observe the types of parking space. When they are arrested, it is necessary to research the solutions adopted by the residents.
Rotating parking space
When the parking spaces are not determined for a specific resident or sufficient for all tenants, it is considered indeterminate.
It should be emphasized that municipal laws prohibit the construction of condominiums with less than the number of houses. However, old developments do not follow this rule, also facing constant conflicts.
For this reason, to resolve these impasses, they are divided by rotation, either by lot or by rotation, established by a vote of the assembly, which alters the internal regulations and condominium conventions.
If the assembly does not establish how the vacancies will be used, they will be filled on a first-come, first-served basis. Residents can park in any empty spot they find, as long as access is not impossible.
If you determine the periodicity in which the rotation will occur, the draws and rotations must be made between 6 months to 1 year. Thus, disputes for better places are avoided, since all residents will use them sometime.
The draw and the rotation must respect the vacancies near the accesses of the enterprise, which will be destined to pregnant and lactating women, people with disabilities and the elderly. Anyone who disrespects them can be fined.
Private parking space
The private spaces are autonomous units, the exclusive property of the condominium owner. These are pre-determined and demarcated for all owners, classified as fixed.
Such spaces must be included in the condominium and bylaws convention, guaranteeing the right to residents. However, in order to certify them, it is recommended that the ownership of the private space be determined by a public deed.
In addition, the private parking space is divided into autonomous and linked. The independent is part of the condominium, with private registration in a real estate registry, has footage and can be sold separately from the property, if the owner decides to sell it.
On the other hand, the linked vacancy, even though it has specific footage and is owned by the tenant, does not have a registry at the registry office. Because it is linked to the property registration, it cannot be sold separately, since it is part of the residential unit.
The problem only happens when there is misuse. The use of a parking space by another neighbor is prohibited by those who have more than one car, under penalty of penalties.
What types of garage allow sublease?
The sublease of garages is a common practice in the real estate industry, which is regulated by the Tenancy Law 8245/91 . According to the law, the sublease must be provided for in the original contract and must be authorized by the owner of the property. This negotiation happens when a parking space in a property rented by a tenant is rented by another person, who starts to pay the charges for the place.
Most contracts prohibit subleasing, which ends up generating informal agreements. Therefore, only with a clause is it possible to sublet the garages. If the tenant subleases and such information or permission does not appear in the document, he may respond in court.
What can the property have in this regard?
Differentials that facilitate access to and care for condominium parking spaces can be applied in these locations with the help of technology. A relevant measure is to carry out an online registration to identify all vehicles. In this way, the security of the place will be greater and communication at the concierge will be streamlined.
The management software for condominiums informs the data of their owners, including the license plates of the cars authorized to park in each parking space. They are an excellent option to avoid disagreements between residents, thus helping in friendly coexistence.
Anyway, the types of garage need to be analyzed when purchasing the property. This is because the buyer must consider the difficulties of parking the vehicle and the complexity of the maneuvers. If you have many obstacles, it is necessary to research the solutions presented by the condominium rules, until you know the operation of the garage.
Anyway, it is extremely important that interested parties calmly analyze the property contract, as it contains important information, such as the possibility of subleasing the parking space, which must be described in the body of the document. This information is important and must be verified before the transaction is carried out to avoid any problems if there is an interest in subleasing this space.
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