Access to Communal Areas

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    Access to Communal Areas

    My lease agreement says that I have access to the communal area of the development where I live. The communal area has three gates, one of which is on the street side and it is currently being used by both pedestrians and vehicles. I have requested the landlord to give me access to the communal areas through the other gates because these would give me direct access from the street. They said that I can only get into the communal areas using a smaller gate that is located opposite to the street as the gates on the street side are only reserved to residents who have allocated parking space within the communal area. More recently, I have seen other residents that have not allocated parking spaces within the communal area using the street gates too. Does my landlord have the right to restrict the access to the communal areas based on the fact that my parking space is not located inside the communal area?

    If I understand correctly, your access to areas to which you are supposed to have access is not restricted - only your route to get there. So the issue is what the lease says about the gates (if anything).


      The lease does not mention any gate in particular, it only says that the residents have access to the communal areas in general, not through designated gates. The property manager has decided to give me access through this route and not through other routes at her own discretion. My concern is that this decision is arbitrary and does not apply to all residents the same way, regardless of the fact that some residents have parking space allocated inside or outside the communal areas.


        Are the gates you are not supposed to use locked? If they are not, I think your argument is that the lease says you have the right to access the communal area and, in the absence of any provision to the contrary, you can access it through any gate which leads to it.


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