In rental properties located in regions with heavy snowfall, disputes among residents over snow removal in parking lots continue to arise. As a property manager, it is essential to clarify the scope of responsibility and establish rules to prevent trouble. This article explains parking lot snow removal issues from the perspective of property management practice.
Who should handle snow removal in the parking lot?
Let us first confirm the legal principles regarding responsibility for snow removal at rental properties.
The basic principle is the resident's duty of due care of a prudent manager
The duty of due care of a prudent manager means the tenant's obligation to manage the property appropriately. If there are no special provisions regarding snow removal, residents need to clear snow from their own parking spaces themselves. If they neglect this obligation and equipment problems arise, the resident may also become responsible for payment.
Landlords and management companies are not obligated to remove snow
Unless snow removal costs are included in management fees or common-area fees, landlords and management companies are not obligated to clear snow. In general, snow removal during a limited period is considered outside the scope of ordinary management and maintenance.
What rules apply to where snow may be piled?
When setting snow removal rules for a managed property, it is necessary to understand the legal restrictions.
Places where snow must not be dumped
Dumping snow onto roads, into sewers, or into rivers is prohibited by law. Violations involving roads may result in imprisonment for up to one year or a fine of up to 500,000 yen, while sewer violations may result in imprisonment for up to five years or a fine of up to 1,000,000 yen.
Appropriate places to pile snow
The area behind your own parking space, an unused parking space, or the side of an entrance are appropriate options. Be careful not to cover the vehicle's muffler, and choose a place that will not inconvenience other residents.
What snow-related troubles commonly arise at managed properties?
Here are common trouble patterns and how to address them.
Throwing snow into the adjacent parking space
Dropping snow from one's own vehicle into the next parking space is a frequent source of disputes. Make residents aware of the rule that snow from their vehicle must be put within their own space or at the edge.
Residents who do not participate in snow removal
When some residents are uncooperative about clearing shared spaces, frustration builds among those who do help. You can prevent trouble by explaining snow removal rules at move-in and clearly stating them in the management rules.
Checklist for property managers
- Explain the scope of responsibility for snow removal in writing at move-in
- Clearly state snow removal rules in the management rules
- Designate snow piling areas in advance and post notices
- Establish an emergency snow removal system for heavy snowfall that cannot be handled individually
Frequently Asked Questions (FAQ)
Q. Should snow removal costs be included in the management fee?
In regions with heavy snowfall, we recommend including them. It reduces the burden residents feel and also helps prevent trouble.
Q. Who is responsible if a vehicle is damaged during snow removal?
If the damage is caused by the negligence of the person performing the snow removal, that person is responsible. If the management company outsourced the work to a contractor, the contractor is responsible.
Q. Who is responsible if an accident occurs because snow falls from the roof?
If inadequate building management is the cause, the landlord or management company may be held responsible. Post warning notices in hazardous areas.
