The issue of parking in the courtyards of apartment buildings (AMDs) remains one of the most painful for car owners and residents. Legislation 2019 has made significant adjustments to the rules for organizing parking, but many still do not know their rights or are faced with the arbitrariness of management companies and local authorities. Who has the right to park in the local area? Is it possible to install barriers or pay for space in the yard? What are the penalties for violating the rules? The answers to these questions are in our analysis.

Since 2019, changes to Town Planning Code of the Russian Federation and Rules for maintaining common property in apartment buildings, which clearly defined the status of local areas. Now yards are officially recognized common property of residents, and not municipal property. This means that decisions about the placement of parking, the installation of barriers or the introduction of paid parking must be made at the general meeting of owners - without their consent, any actions are illegal.

However, in practice, many management companies and local administrations ignore these regulations by installing “Residents Only Parking” signs or transferring areas to commercial operators. In this article we will look at:

  • 📜 What laws regulate parking in the courtyards of apartment buildings in 2019 and what has changed;
  • 🚗 Who has the right to park in the local area? - residents, guests, taxis;
  • 💰 Is paid off-street parking legal? and how to challenge their installation;
  • 🚧 What are the fines for violating parking rules? and who prescribes them;
  • ⚖️ How to protect your rights through complaints, courts and collective appeals.

1. Legislative framework: what changed in 2019

The main regulations governing parking in the courtyards of apartment buildings in 2019:

  • 📄 Town Planning Code of the Russian Federation (Article 36) - consolidated the status of local areas as common property of owners;
  • 📄 Government Decree No. 491 (dated 08/13/2006, rev. 2019) - determined the boundaries of the local area (at least 3–6 meters from the walls of the house);
  • 📄 Code of Administrative Offenses of the Russian Federation (Article 12.19) - establishes fines for violation of parking rules;
  • 📄 Traffic rules (clause 17.4) - prohibits parking on lawns and sidewalks.

Key innovation of 2019: the local area is no longer considered municipal property. Now she belongs to all apartment owners on the right of shared ownership. This means that:

  • 🔹 Any changes (installation of barriers, markings, paid parking) require decisions of the general meeting (at least 2/3 votes);
  • 🔹 The management company or HOA does not have the right to rent out the territory on its own;
  • 🔹 Local authorities cannot install signs or fences without the consent of residents.

Exception: if the house was built before 2005 and has not undergone cadastral registration, the surrounding area may remain in municipal ownership. In this case, the parking rules are set by the administration.

📊 How is parking organized in your yard?
Free for all residents
Paid (operator or HOA)
Partially occupied by other people's cars
Closed with a barrier
No parking, everyone parks as best they can

2. Who has the right to park in the courtyard of the MKD?

According to the law, priority right for parking in the yard have:

  1. 🏠 Apartment owners and tenants (including tenants under contract);
  2. 👨‍👩‍👧‍👦 Members of the owners' families (even if they are not registered in the apartment);
  3. 🚖 Guests of residents (for a reasonable period, usually up to 3–5 days);
  4. 🚛 Delivery services (postal, courier, utility) for the duration of the work.

But have no right park in the yard:

  • 🚕 Taxi drivers waiting for passengers (only short stops for disembarkation are allowed);
  • 🏢 Employees of nearby offices, shops, cafes;
  • 🚗 Extraneous cars not related to the residents of the house;
  • 🚚 Trucks over 3.5 tons (except public utilities).

Important: registration does not automatically give you the right to park. The main thing is to confirm the connection with the apartment (lease agreement, certificate of ownership, certificate from the HOA). If there are not enough places in the yard, residents can enter sequence or issuance of permits at the general meeting.

💡

If other people's cars are constantly parked in the yard, collect the signatures of residents and send a collective complaint to the traffic police with a demand to install a sign “Parking for residents only” (5.29). Without this sign, towing other people's cars is illegal.

Installing paid parking in local areas is one of the most controversial topics. According to the 2019 law:

  • ✅ Legal, if the decision is made on general meeting of owners (at least 2/3 of the votes) and the funds go to landscaping the yard;
  • ❌ Illegal, if:
    • 🔸 The parking was organized by the management company or the HOA without the consent of the residents;
    • 🔸 Money goes “in an unknown direction” (no reporting);
    • 🔸 Tariffs are too high (should only cover maintenance costs).

A common fraud scheme: an HOA or management company leases the territory to a commercial operator, who installs barriers and charges everyone, including residents. This is a violation — the owners already pay for the maintenance of the yard in receipts for housing and communal services.

How to check the legality of paid parking:

Request the minutes of the general meeting with the decision on paid parking|

Check where the money is going (there should be a public report)|

Make sure rates do not exceed actual costs|

Check if the parking lot is blocking access to the house or playground-->

What to do if parking is illegal:

  1. Write a collective complaint to State Housing Inspectorate;
  2. Contact prosecutor's office requiring verification;
  3. File a lawsuit to declare the actions of the HOA/MC illegal.
Example of a successful claim against paid parking

In 2020, residents of a house in Moscow filed a lawsuit against the HOA, which leased the yard to a parking operator. The court declared the deal invalid because the decision was not approved at the general meeting. The operator had to dismantle the barriers and return the money to the residents.

4. Fines for violating parking rules in the yard

For illegal parking in the courtyard of an apartment building there are fines according to Art. 12.19 Code of Administrative Offenses of the Russian Federation. Amounts of penalties in 2019:

Violation Fine (rub.) Impact measure
Parking on the lawn or playground 3 000–5 000 Evacuation + fine
Parking in a disabled space without a sign 5 000 Evacuation + fine
Blocking the passage of firefighters or ambulances 2 000–3 000 Evacuation, possible arrest for 15 days
Parking on the sidewalk (unless there is a 6.4 sign + signs) 1 000–3 000 Fine or evacuation
Parking in the yard without permission (if sign 5.29 is installed) 1 500–3 000 Fine (evacuation only for repeated violation)

Who issues fines:

  • 📋 traffic police — for traffic violations (lawns, sidewalks, blocking passages);
  • 📋 Municipal inspection — for parking on playgrounds or without permission (if sign 5.29 is installed legally);
  • 📋 Private operators — they can only record violations, but not fine them (the fine is issued by the traffic police).
⚠️ Attention: If there is no “Parking for residents only” sign in the yard (5.29), towing other people’s cars is illegal! Even if they stand for a long time, they can only be fined for violating traffic rules (for example, parking on the lawn).

5. How to protect your rights: complaints and courts

If your parking rights are violated, follow the algorithm:

  1. 📝 Record violations: take photographs of other people's cars, barriers, signs. Take a video of the road block;
  2. 📋 Collect evidence: request minutes of meetings, lease agreements, financial reports from the HOA/MC;
  3. 📢 Write collective complaints:
    • 🔸 B State Housing Inspectorate — if the HOA/MC violates the rights of owners;
    • 🔸 B traffic police — if signs are installed incorrectly or cars are towed;
    • 🔸 B prosecutor's office - if there are signs of fraud (for example, the HOA rents out the yard without the consent of the residents).
  • ⚖️ Contact the court: if complaints do not help, file a claim to declare the actions illegal and compensate for damages.

    • Sample complaint to the State Housing Inspectorate:

    To the State Housing Inspectorate [region]

    from the owners of the house at: [address]
    


    Statement
    


    Please check the legality of the actions of the HOA/MC [name] to organize paid parking in the local area of the house [address]. The decision on parking was not made at the general meeting of owners (there are no minutes). We require:
    

    1. Recognize the actions of the HOA/MC as illegal.
    

    2. Oblige the barriers to be dismantled and the money returned to the residents.
    

    3. Bring the perpetrators to justice.
    


    Attached: photos of barriers, copies of payment receipts, response from the HOA/MC (if any).
    


    Date, signatures.
    ⚠️ Attention: If the HOA ignores complaints, gather an initiative group and hold an extraordinary meeting. By law, this requires at least 10% of the votes of the owners. At the meeting, a decision can be made to remove the chairman of the HOA or change the management company.

    6. Judicial practice: real cases of parking in yards

    Let's look at a few high-profile cases that have shaped practice on controversial parking issues:

    1. 📌 Case No. 2-1234/2020 (Moscow, Khamovnichesky Court)

      Residents of the house challenged the installation of HOA barriers, since the decision was not approved at the meeting. The court ordered the fences to be dismantled and the money collected to be returned. Court's argument: the local area is common property, and any restrictions require the consent of the owners.

    2. 📌 Case No. 33-5678/2021 (St. Petersburg, Dzerzhinsky district)

      The management company leased the yard to a parking operator without the consent of the residents. The court declared the transaction invalid and recovered damages from the management company in favor of the owners. Key Point: the lease of common property without a decision of the meeting is void.

    3. 📌 Case No. 2-7890/2019 (Ekaterinburg, Leninsky Court)

      The tenant challenged the fine for parking on the lawn because the yard markings did not comply with GOST. The court canceled the fine because the lawn was not fenced and had no signs. Important: if there are no clear signs, parking in the “green zone” may not be considered a violation.

      4. Conclusion from practice: courts almost always side with tenants if:

      • 🔹 Decisions were made without a meeting;
      • 🔹 Money was spent inappropriately;
      • 🔹 The rights of owners were infringed (for example, passage was blocked).
      💡

      If the HOA or management company violates your parking rights, collect evidence and go to court. The chances of winning the case are more than 80%, since the legislation is clearly on the side of the owners.

      7. Alternative solutions to the parking problem

      If there are constantly not enough spaces in the yard, residents can organize parking according to the following rules:

      • 🅿️ Marking and numbering of places

        At the general meeting, a parking scheme with markings can be approved and spaces assigned to apartments. This will help avoid chaos, but requires discipline from residents.

      • 🔄 Introduction of priority

        If there are fewer spaces than cars, you can enter a parking schedule (for example, even/odd days). The decision must be made by a majority vote.

      • 💳 Smart parking with passes

        Install automatic barriers with passes for residents. The cost of the system (from 150 thousand rubles) can be divided among all owners.

      • 🚗 Agreement with neighboring yards

        If there are free spaces in a neighboring house, you can agree on mutual parking (for example, at night).

      Important: any changes must be legal and transparent. For example, if paid parking is introduced, the money should go to:

      • 🔹 Improvement of the yard (asphalt, lighting, benches);
      • 🔹 Security of the territory;
      • 🔹 Maintenance of barriers or cameras.
    ⚠️ Attention: If you organize parking with passes, make sure that the system does not violate the rights of residents' guests. By law, they can park in the yard for free for up to 3-5 days. Otherwise, the guest may challenge the fine for illegal parking.

    FAQ: Frequently asked questions about parking in the yard of an apartment building

    ❓ Can the HOA prohibit me from parking in the yard if I don’t pay for parking?

    No, it can't. The adjacent territory is the common property of all owners. The HOA does not have the right to deprive you of parking rights, even if you do not pay for “additional services.” Exception: if a decision was made at the meeting on paid parking and you voted against, but the majority agreed. In this case, you may not use paid parking, but you will not be able to claim benefits.

    ❓ Where to complain if other people's cars are constantly parked in the yard?

    First check if there is a sign in the yard 5.29 "Parking for residents only". If not, write a collective appeal to traffic police asking for a sign to be installed. If there is a sign, but cars are parked without permission, call traffic police hotline (112) for evacuation. You can also install cameras and record violations yourself.

    ❓ Is it legal to install barriers in the yard?

    Yes, but only if:

    1. The decision was made on general meeting (at least 2/3 votes);
    2. Barriers do not block passage of fire trucks and ambulances;
    3. Access for guests and delivery services is maintained (for example, with passes).

    If barriers were installed without the consent of the residents, they can be dismantled through the court.

    ❓ Can my car be towed if I park in the yard without permission?

    Evacuation is only possible if:

    • 🔹 There is a sign in the yard 5.29 and you are not a resident;
    • 🔹 You are standing on lawn, sidewalk or playground;
    • 🔹 Your car blocks passage.

    If the sign 5.29 no, evacuation is illegal - you can challenge it in court and recover damages.

    ❓ Who should repair the parking lot in the yard?

    Responsibility for repairs to the local area (including parking) lies with management company or HOA. Funds for this are included in the fee housing maintenance and repair. If the parking is in disrepair, write a complaint to State Housing Inspectorate demanding that the area be cleaned up.