Parking and Common Areas Disputes in Apartment Buildings
Parking spaces and common areas are among the most significant legal issues in apartment ownership and frequently give rise to disputes between owners and residents. Under the laws of the Islamic Republic of Iran, particularly the Apartment Ownership Act and the Civil Code, a parking space may be allocated as an exclusive right or remain part of the common property. Common areas include stairwells, the rooftop, the yard, and other areas intended for collective use by all owners. Unlawful use of these spaces, unauthorized occupation, creating disturbance, or making alterations without proper consent may lead to civil claims and, in certain circumstances, criminal proceedings.
This article reviews the most frequent claims, evidentiary requirements, procedural routes for filing actions, and preventive measures concerning parking and common areas, with reference to applicable laws and judicial practice.
What Is an Exclusive Parking Space?
Under Article 1 of the Apartment Ownership Act and its related provisions, parking may be designated either as exclusive or as part of the common areas. Where the subdivision deed or official title documents expressly state the parking space number and its exact location, that portion is treated as an exclusive parking space. If such a specification is absent, the parking area is generally regarded as part of the building’s common property.
Exclusive rights to a parking space may be established only through an official subdivision deed, a court judgment, or a valid written agreement among the owners. In some cases, markings assigned by a developer or building management without official documentation support have no independent legal effect. In the event of a dispute, the owner holding documentary entitlement may file claims, such as eviction for unlawful possession or for property nuisance, depending on the circumstances. Courts often rely on an official expert assessment to identify the precise location of the parking space. Unauthorized use of a parking space may give rise to civil liability and, in certain cases, criminal exposure.
What Are the Consequences of Unauthorized Use of Common Areas?
Common areas are portions of a building that, by law and custom, are jointly owned by all unit owners, such as stairwells, rooftops, yards, lobbies, shared storage spaces, and, in many buildings, parking areas not allocated by the official deed. Pursuant to Article 3 of the Apartment Ownership Act, no owner may exercise exclusive control over common areas without the consent of the other owners.
Personal use of common areas, such as storing items, blocking access, claiming a parking space without documentary entitlement, or installing additional structures, constitutes an infringement of other owners’ rights and may be pursued legally. Other owners may rely on Articles 30 and 31 of the Civil Code to bring claims seeking to prevent interference, remove a nuisance, or evict occupants of common areas from unlawful occupation. The building manager or board is also expected to prevent unlawful occupation of common areas and, when necessary, pursue legal measures through the courts.
How Is an Eviction Claim for a Parking Space Filed?
If a person occupies a parking space without legal authorization and without a valid title, the rightful owner or entitled party may file a civil claim for eviction from unlawful possession. This claim is filed with the general civil court having jurisdiction over the property.
The claimant must prove entitlement through an official title deed or subdivision documents showing ownership or exclusive allocation of the parking space, and must demonstrate that the defendant’s occupation is without permission. In addition to documentary evidence, witness testimony, a report from the building manager, an expert opinion, and photographic or video evidence may assist in proving unlawful occupation. Following a favorable judgment, enforcement officers implement the decision by clearing the parking space and restoring it to the entitled party. Where properly documented, eviction claims are commonly granted and are considered a strong civil remedy.
What Are the Requirements for a Nuisance Claim Related to Parking?
A nuisance claim may be appropriate where a person interferes with the lawful possessor’s use of a parking space without occupying it as their own. For example, double parking or placing physical obstacles may prevent access to an exclusive parking space. In such cases, the claimant should establish that:
- The claimant was the lawful possessor at the time of interference.
- The defendant committed a physical act that caused interference.
- The interference occurred without legal authorization.
Under common procedural practice, such claims are often initiated in the local Dispute Resolution Council and may be challenged before the court in accordance with applicable rules. Evidence such as neighbors’ testimony, CCTV footage, and police reports can be significant.
Are Alterations to Common Areas Permitted?
Under Article 10 of the Apartment Ownership Act and its related provisions, no owner may alter common areas without the consent of all owners. Measures such as constructing walls in a shared yard, installing storage in a common parking area, building a structure on the rooftop, or installing equipment in shared spaces require written consent from all owners. Otherwise, affected owners may bring civil claims to remove unlawful occupation or prevent interference.
Even the building manager may not reallocate or change the use of common areas without the owners’ consent. Where there is disagreement over whether a space is common or exclusive, the court may refer the matter to a judicial expert to determine the area’s status. Violations may lead to an order restoring the property to its prior condition and, in some cases, compensation for damages.
How Is the Exact Location of a Parking Space Determined?
In some apartment deeds, the exact parking location is not specified, and the documents merely state “one parking space.” In such cases, the exact location is typically determined by the registered subdivision plan on file with the Registration Office, a valid written agreement among owners, or the outcome of court proceedings.
If a dispute arises, an owner may apply to the court and request a determination of the parking location through an official judicial expert. The expert reviews the subdivision map, building layout, access routes, and customary allocation practices to identify an appropriate location. This is particularly important in complexes with multiple parking levels. Any allocation should avoid interfering with other owners. If owners disagree, the court’s decision is binding and enforceable.
Can a Parking Space Be Sold or Leased Without Official Documentation?
A parking space may be transferred or leased independently only if it is expressly recorded in the official title documents as an exclusive parking space. Where a parking space is registered as exclusive, it may generally be sold or leased under ordinary legal conditions.
However, if the parking area is common or lacks subdivision documentation, transferring it independently lacks a sound legal basis. Under Article 22 of the Registration Act, official ownership is proven through valid registration records. Accordingly, private agreements without official support may face serious enforceability issues in the event of a dispute. Leasing a common parking space typically requires consent of building management or the owners, and failure to obtain consent may lead to claims seeking invalidation or eviction. Where a person transfers a parking space without valid authority, and the buyer suffers loss, the buyer may have remedies such as rescission or damages, depending on the facts.
What Are the Building Manager’s Responsibilities Regarding Common Areas?
Pursuant to Article 14 of the Apartment Ownership Act, the building manager is responsible for maintenance, supervision, and orderly administration of the common areas. If a resident commits a violation, the manager must review the matter, issue warnings where appropriate, and pursue legal steps when necessary. When an owner unlawfully occupies common areas or disrupts order by parking in prohibited locations, the manager is expected to take suitable action.
The manager may also be responsible for documenting violations and corresponding with judicial or law enforcement authorities when required. If the manager fails to perform these duties and owners suffer loss, the manager may face civil liability and other legal consequences. A manager should act impartially, remain informed of legal requirements, and protect the shared rights of all owners. Where the majority of owners decide, the manager may be replaced or removed.
Criminal Proceedings Related to Parking and Common Areas
Certain acts involving parking or common areas may constitute criminal conduct. For example, intentionally blocking vehicle access routes, damaging structures to occupy part of a parking area, or repeated disruptive behavior may support criminal complaints based on offenses such as property damage or disturbance of public order. In some cases, Article 618 of the Islamic Penal Code may be invoked where conduct amounts to disruption of order, subject to the specific facts.
Unauthorized use of shared utilities such as electricity or water in common parking areas may also fall under general criminal provisions. In such matters, the manager or other residents may file a criminal complaint in addition to civil claims to enhance deterrence. However, the complainant must generally establish intent, bad faith, and, in certain cases, repetition or persistence of the unlawful conduct. Jurisdiction typically lies with the public prosecutor’s office for the district where the property is located.
Legal Measures to Prevent Parking Disputes
Prevention is generally more effective than litigation. The following measures are particularly helpful in avoiding parking and common area disputes:
- Review the official deed and subdivision documents before purchasing or leasing.
- Request the registered subdivision plan from the seller or agent.
- Obtain confirmation from building management regarding parking and common area usage.
- Record any parking arrangements in a written and legally reliable form.
- Follow the building bylaws and the general assembly’s resolutions.
- Consult legal counsel before taking formal action where a dispute arises.
Applying these steps can prevent many costly and common disputes and help maintain order and stability within the building.
Frequently Asked Questions About Parking and Common Areas Disputes
An exclusive parking space is a space whose number and exact location are expressly stated in the official subdivision deed or title documents, establishing a specific entitlement. Exclusive status is generally proven only through official documentation, a court judgment, or a valid written agreement among the owners.
Personal use of common areas, such as storing items, blocking access, or claiming a parking space without documentary entitlement, infringes other owners’ rights. Other owners may file civil claims seeking prevention of interference, removal of nuisance, or eviction from unlawful occupation of common areas.
The rightful owner or entitled party may file an eviction claim with the general civil court where the building is located by presenting an official deed or subdivision documents and proving that the defendant’s occupation is unauthorized. Witness testimony, management reports, and official expert opinions may also support the claim.
A nuisance claim applies where someone interferes with lawful use without taking possession, such as double parking or placing barriers. The claimant must show lawful possession, a physical act of interference by the defendant, and a lack of authorization. Such claims are often initiated through the local Dispute Resolution Council and may be challenged before the court.
Alterations to common areas require the written consent of all owners. Without unanimous consent, affected owners may file claims to remove unlawful occupation or prevent interference, and a judicial expert may determine whether the disputed area is common or exclusive.
Where the deed does not specify the parking location, it is typically determined by the registered subdivision plan, a valid written agreement among owners, or a court order based on an official expert assessment. The expert reviews the map, building layout, and access conditions to identify a suitable location.
A parking space can be sold or leased independently only if it is officially recorded as an exclusive parking space in title documents. Common parking areas or spaces without subdivision documentation generally cannot be transferred independently. Private agreements may not be enforceable in case of dispute.
The building manager is responsible for supervising, maintaining, and enforcing order in common areas. The manager should address violations, document misconduct, and pursue legal measures when necessary. Failure to perform these duties may expose the manager to civil liability.
Certain conduct, such as intentionally blocking access routes, damaging structures to occupy parking space, repeated disruptive behavior, or unauthorized use of shared utilities, may result in criminal complaints. Establishing intent and bad faith is typically required, and jurisdiction usually lies with the prosecutor’s office where the property is located.
Key preventive measures include reviewing official deeds and subdivision plans before purchase or lease, obtaining confirmation from building management, documenting any parking arrangements in writing, complying with building bylaws and assembly decisions, and consulting legal counsel before escalation. What is an exclusive parking space?
What are the consequences of unauthorized use of common areas?
How is an eviction claim for a parking space filed?
What are the requirements for a nuisance claim related to parking?
Are alterations to common areas permitted?
How is the exact location of a parking space determined?
Can a parking space be sold or leased without official documentation?
What are the building manager’s responsibilities regarding common areas?
What criminal proceedings can arise from parking related misconduct?
What legal measures help prevent parking and common areas disputes?
