Parking issues in Spanish residential complexes often become a source of tension among residents. Cases where a neighbor leaves their car in someone else’s spot without permission are quite common. Such situations require a clear understanding of your rights and the correct course of action for resolving the issue.
Legal status of a parking space
First, it is important to determine what type your parking space is. If it is listed in the property documents for your apartment, it is considered part of your private property. If the space was purchased separately, it is also registered to the owner. However, some buildings have communal parking areas without spaces assigned to specific residents. In these cases, everyone has equal rights to use the area, and disputes are resolved differently.
The owner of an assigned space has the right to use it at their discretion within the established boundaries. Usually, it is intended for parking a car, although sometimes storing items is allowed. Protruding car elements such as mirrors or open doors that go beyond the line are not considered violations.
First steps in case of a violation
If you find someone else’s car in your parking spot, it is recommended to start by speaking directly with your neighbor. It could be a one-off situation due to necessity. If the problem persists, you should proceed with an official notice. In the letter, describe the circumstances and ask them to stop such actions.
To confirm the violation, it is useful to take photographs. These materials may be useful if the dispute goes to court.
Further steps and contacting the administration
If conversations do not resolve the issue, contact the president of the homeowners association or the building manager. They can act as mediators and bring the issue up at a general meeting. It is also possible to send a written demand to the violator requesting that they stop using your space.
If demands are ignored, according to Article 7 of the Horizontal Property Law, the homeowners association has the right to initiate legal proceedings. As a result, the offender may be temporarily deprived of the right to use their apartment for up to three years.
At the same time, you can file an individual complaint or a collective claim on behalf of all residents. Photographs and other materials collected as evidence are used to prove the violation.
Police involvement and extreme measures
If the situation remains unresolved, you may contact the police. Officers can arrange for the vehicle to be towed to an impound lot. A notification is sent to the vehicle owner, or, if they cannot be located, to the community president or manager. In this case, internal sanctions outlined in the building’s regulations are applied.
If none of these measures succeed, the only option is to wait for a court ruling. The process can take some time, but it ensures justice is served within the legal framework.
