A “Personal” Parking Spot in Common Property? Parking Issues in Riga 0

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A “Personal” Parking Spot in Common Property? Parking Issues in Riga

In the common yard, there is a designated area for the common parking of all residents' cars. But recently, a neighbor fenced off one spot: they drove in four stakes with chains and put up a sign with their car number. During snowfalls, they cleared the snow by dumping it onto the common parking area. If someone parks in "their" spot, they cause a scene, threatening to call a tow truck.

It is clear that the yard is common property, and no one has the right to claim a part of it without a collective decision. However, it is not very clear how to legally put an end to this nonsense.

  1. What law(s) does the neighbor violate with such actions?

  2. What punishment is provided for this (if any)?

  3. Where to turn to stop this arbitrariness?"

Denis Gorba, lawyer at the Latvian Human Rights Committee:

The situation where a neighbor drives stakes into the ground and "reserves" a spot in the common yard is a classic offense, which in Latvian law is classified as patvaļa (arbitrariness).

Illegal Actions

  1. According to Article 1068 of the Civil Law (Civillikums), the management of a jointly owned object (in this case, the yard) can only be done with the consent of all co-owners. No one has the right to unilaterally fence off part of the common land for personal use.

  2. According to the Apartment Ownership Law (Dzīvokļa īpašuma likums), decisions regarding the use of common areas (including the allocation of parking spaces) are made only by the community of apartment owners. A majority vote (50% + 1 vote) is required for this. Without such a decision, the yard remains a common area where the principle "first come, first served" applies.

  3. Regulations of the Riga municipality. The installation of posts, chains, and signs is considered illegal construction or unauthorized improvement of the territory if it is not approved by the Building Authority (Būvvalde) and not authorized by the landowners.

  4. Traffic rules. The unauthorized installation of informational signs with car numbers has no legal force and constitutes a violation of traffic organization rules.

  5. Snow that the neighbor dumps on the common parking area is a violation of the rules for maintaining the territory.

Provided Punishments:

  • An administrative fine for the illegal placement of structures and signs; the punishment is imposed by the municipal police.

  • Forced dismantling: the owner will be required to remove the stakes and chains at their own expense. If they refuse, the municipal service will do it, and the neighbor will be billed and penalized for each day of non-compliance with the decision.

  • The threat of calling a tow truck. This is an empty threat. A tow truck can only be called by the police (in case of a traffic violation) or the official owner/manager of the territory based on certain rules. Since the neighbor is not the sole owner of the yard, no legal tow truck will take a car at their request.

Recommendations

  1. Call the municipal police or report the violation through the RPP app. The police will draw up a report on the unauthorized installation of structures. This may have a sobering effect on the neighbor and serve as evidence that their "spot" is a fiction.

  2. Write a letter to the building manager demanding the removal of illegal objects (stakes and chains) from the common area. Ensuring order in common property is the responsibility of the manager — accordingly, they must restore order in the yard.

  3. If the stakes have been there for a long time, a complaint can be filed with the Department of Urban Development regarding illegal construction/improvement.

However, the first thing I would recommend starting with is a general meeting of the owners, where a decision can be made to prohibit the installation of any personal barriers in the yard. The minutes of such a meeting will be binding for all residents.

Important point: Do not attempt to dismantle the neighbor's stakes on your own. Act through the police and other official services.

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