So, in your yard there are posts with chains, orange blockers, hemispheres and other fences, with which enterprising residents reserve parking spaces for themselves. And they do it illegally! Our lawyer tells how to deal with this.
Author of the photo: Konstantin Kyakk
Heavy snowfalls in February forced the owners of sedans, hatchbacks and even Few crossovers pick up shovels and clear their own parking space at home.
And just imagine, yesterday you sweated for two hours to dig out a place for your car ..
. Today, hoping to park in the same place, hurry home from work. But it was not so: in your cleared placedespicablethere is a lazy neighbor's car.
An adequate motorist, of course, understands that the driver has every right to park where the law allows him. After all, this is not your place, you have not bought or rented it, and the fact that you are clearing snow does not prohibit other car owners from putting your car.
This is certainly true, but from the point of view of morality, the neighbor is wrong - it is not humanly somehow. However, if onyourthere is a car that is unfamiliar to you, then there can be no complaints.
Every year, every winter, it becomes more and more difficult for motorists to find a place to park their car in their yard. at home. Yes that at home, at work, it happens, you drive around for half an hour in search of an empty seat, and sometimes you want to turn around and go home.
This burning problem of big cities has given some thought to some motoristsfence in. . As a result, in many courtyards, we can often observe a self-made structure in the form of arbitrarily installed posts and chains that enclose a parking space for a car. It also happens that motorists obstruct before leavingyour ownplace with an ordinary pallet or high chair.
And as you all understand, such parking is illegal, it is prohibited by the Housing Code of the Russian Federation, namely Article 36 of the ownership of the common property of the owners of premises in an apartment building.
However, you should be aware that if you decide to break these structures on your own, then your actions will also be illegal (this does not apply to moving the chair).
So what to do?
The housing department should deal with the removal of illegal structures (ZhEK). To do this, you just need to write a complaint to the head of the housing office, or better collectively (3-5 signatures will be quite enough) and send it by registered mail with acknowledgment of receipt or take it personally, but then, accordingly, in 2 copies.
Perhaps at this point in the article, some readers will say:It is useless to write all these complaints, there will still be an unsubscribe. .
And here I will argue with you - in my practice, many people complained that wherever they turned on any issue, they always received replies.
But as soon as I began to read their messages, everything became immediately clear. What else did they want? Whichever complaint is, so is the answer. Often the applicant is to blame for what he receivedunsubscribe. .
It all depends on how competently the appeal is drawn up, how convincingly and reasonably the facts of violation of your rights are presented.
Therefore, I bring to your attention a sample of a complaint so that you do not have to compose.
Sample complaint about illegal fences for parking
I, Ivan Ivanov, on behalf of residents of an apartment building (their full name with signatures and the address in the appendix) I appeal to you with a complaint about the illegal actions of several residents of our house located at ________, expressed in the following:
So, these residents of our house installed metal posts and pulled between them a cable, thereby organizing an illegal allocated parking lot in the courtyard. According to Art. 36 of the LCD of the Russian Federation, such actions are possible only after a general meeting of residents, which was not held, and it is also necessary to obtain all the necessary documents and approvals from the Administration of the ________ district of _____________.
This structure now blocks most of the spaces in the courtyard, leaving it only possible to park cars near the road or in the back of the courtyard. This design is not marked in any way, and, accordingly, creates a danger for the movement of other cars and pedestrians, who can catch on the stretched cable and get injured. Also, in the event of a fire due to unauthorized fences, fire engines will not be able to enter the courtyard.
Based on the above, I ask you to demolish the illegally installed structure on the territory of our courtyard and consider bringing the perpetrators to administrative responsibility, and, if necessary, send the verification materials to the competent authorities. I ask you to send a response about the measures you have taken within the 30-day period established by law.
We attach to the complaint the signatures of the tenants on whose behalf you are applying, their full name and address. And also photos confirming this fact of violation.
Is it possible to complain about the hemispheres that block the passage?
Yes, in fact there is no difference what kind of structure is installed: posts, blockers, barriers, hemispheres, concrete blocks ...
Nothing can be installed without permission.
What kind of punishment awaits violators? 20. 4 Administrative Code of the Russian Federation in the form of a fine for citizens in the amount of from 1,500 to 2,000 rubles.
However, this option is possible only if a land survey of the adjacent territory has been carried out. In this case, the land next to your house is collectively owned by all residents and belongs to them equally.
And what if the survey has not been carried out?
There is an exit. You call the district police officer, who is obliged to record the fact of arbitrariness, to photograph the license plates. And then write a similar statement to the police.
Based on the results of considering your appeal, the police are obliged to bring the perpetrators to administrative responsibility under Art. 7.
1. unauthorized occupation of a land plot or use of a land plot without duly drawn up documents of title to the land, and, if necessary, without documents authorizing the implementation of economic activities. The fine for this offense on citizens is from 500 to 1,000 rubles.
Simultaneously with filing a complaint with the police, be sure to file a complaint with the traffic police in writing, as illegal invaders of parking spaces have probably damaged the roadway. And here, in accordance with Art.
12. 33 of the Administrative Offenses Code of the Russian Federation, they face a fine of 5,000 to 10,000 thousand rubles.
What if no action is taken on the complaint?
The police have 30 days to send you a response or respond. If this does not happen, write a complaint to the prosecutor's office - they will react there. To increase your chances of success, you can enlist the help of a lawyer.
Is it possible to legally install parking fences?
Yes, although it is not easy. The algorithm will be something like this: a meeting of residents, the corresponding minutes of this meeting, signatures and to the administration for permission and all related documents. With such a set of documents, you can install columns, blockers, and hemispheres ...