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Legality of parking a motorcycle behind my car in my own car park lot

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  1. #1

    Join Date
    Apr 2008
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    76

    Legality of parking a motorcycle behind my car in my own car park lot

    Hi everyone,
    I live in a residential apartment which has its own private car park. The car park is not open to the public and can only be used by residences of the building. I bought my car park lot (which is a corner space at the side) when I bought my place in the building. I now have a motorcycle and a car, therefore as the car park lots are pretty big and spacious, I have parked my motorcycle at the very back of the lot and my car infront of it. I am still within my parking space and am not obstructing any throughway or other vehicles going past. However, I got a call from management saying that I'm not allowed to park my motorcycle like that and need to rent another space for it.
    As this car park space is bought, I feel it is private property and if I am within my space and not causing a nuinsance to anyone else, I should be able to park my motorcycle there as well.
    Therefore I am wondering if there is a legal issue in Hong Kong that doesn't allow motorcycles to be parked like that? What are my rights as property owner of the space and residential apartment? Can the building management force me to move my motorcycle?
    Thanks for your advice!

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  2. #2

    Join Date
    Mar 2007
    Location
    Gold Coast Marina
    Posts
    17,970

    Interesting question! I'm with you and would have done exactly the same thing and thought the same. Have you got the "rules" of your building though? You might need to check what they say, in detail. We have simliar rules in the marina, about whether little boats parked under bigger boats (given the shape of boats, there is often "spare" water) and there are explicit rules in the handbook which cover these situations.

    If the rules are silent, I would just push back. I cannot believe this is a "legal" issue - more a contract and a management guidelines issue.

    At worst, find out when the building management holds it's committee meetings and how to get yourself on the committee. That's the way to change daft things like that.


  3. #3

    Join Date
    Mar 2012
    Posts
    4,834

    These rules are probably called "Deed of Mutual Covenant". You should have seen and signed on them when you purchased the apartment. And yes, in the extreme, they are enforceable by the building management acting on behalf of the incorporated owners.

    Last edited by Gruntfuttock; 02-05-2013 at 04:05 PM.
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  4. #4

    Join Date
    Oct 2004
    Location
    Midlevels / USA (MD) / London
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    2,217

    There are buildings that let you store bicycles and boxes in your parking space and then there are buildings that are cars only. I think it is really going to depend on the rules of you apartment, not any law.


  5. #5

    Join Date
    Aug 2005
    Location
    Clear Water Bay (In Da Jungle)
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    If I were you, I would do diddly squat, let them work their knickers in a twist FFS. Tell the Management You own the parking spot and you are parked properly without causing any obstruction to anyone, what are they going to do, tow your motorbike, clamp it. Only when they start coming out with Legal letters then you move it let them waste money, its you management fees anyways.

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  6. #6

    Join Date
    May 2009
    Posts
    5,553

    ...just put a cover over it. Motorcycle? What motorcycle?


  7. #7

    Join Date
    Jul 2005
    Location
    Pearl of the Orient
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    I would ask the management to show you exactly where it is stated in law that you are not allowed to park two items in your carpark space. I had a motorbike and a car in the same space in mid levels a few years ago with no problems at all..

    Did you sign any document stating that the usage of the space was solely for one vehicle?

    (was a bit slow typing that reply, see others have beaten me to it)

    Last edited by Cwbguy; 02-05-2013 at 04:49 PM.

  8. #8

    Join Date
    Oct 2006
    Location
    Hong Kong
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    13,949

    Blame it on your wife!!!

    OK - back to reality, first thing to do is check what the Deed of Mutual Consent says.

    I reckon it may be silent on this point (but you never know). If it is silent, get management to prove why you are in the wrong.

    I know someone else who was in a similar situation as you, although he was renting his flat (and associated car parking space). In the end management had to back down because they could not prove in the DMC where it said specifically that he wasn't allowed both his car and motorbike in the same space.

    It did take several rounds of letters and phone calls though.

    Last edited by pin; 02-05-2013 at 05:01 PM.
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  9. #9

    Join Date
    Feb 2013
    Posts
    3,473
    Quote Originally Posted by wtbhotia
    If I were you, I would do diddly squat, let them work their knickers in a twist FFS. Tell the Management You own the parking spot and you are parked properly without causing any obstruction to anyone, what are they going to do, tow your motorbike, clamp it. Only when they start coming out with Legal letters then you move it let them waste money, its you management fees anyways.
    Good lad. Yesterday at the British Council a security guard tried to stop me taking photos of my kid standing at the front. I walked across the road with my big lens and took photos from there...lol!!
    wtbhotia and Skyhook like this.

  10. #10

    Join Date
    Apr 2008
    Posts
    76

    Thanks all for the advice and suggestions. I gotta dig that Deed of Mutual Covenant out and have a look. Didn't quite pay attention to the small print on car park spaces when I signed it a few years back. My fault for not reading the fine print. In the meantime,will try avoiding management and leave my bike as is till I can clarify the rules.


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