Parking on Common Property | Common Property | Flat Chat Forum: Your Questions Answered




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Parking on Common Property
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WorthyTenant
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25/11/2016 - 8:24 pm
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I am a tennant in a small town house complex. Most tenants do not use their garage and instead park their vehicle(s) in the driveway.

I have a nice car and enjoy using my garage.

The vehicles parked on Common Property obstruct my access to my garage.

My wife is unable to manoeuvre her vehicle and parks in the street. It is tough, but I can squeeze my car within centimetres of one or two vehicles and into my garage. Exiting, I use sheer guess work to be honest and I have luckily not collided with another vehicle.

Is it legal to park on common property, even if the body corporate have given permission? What if other owners or tenants are inconvenienced, will that negate any body corporate decision with regards to permissability?

I have tried complaining to the neighbours but they say either (1) they have permission or (2) there was nowhere to park in the street.

Extra question: If I somehow (and I don't know how) escalate the matter, could they retaliate by banning me from washing my car at the entrance to my garage? While washing my car, as it is outside the garage and effectively parked, I am essentially parking on common property. I would do this once every few weeks for about 30 minutes.

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JimmyT
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25/11/2016 - 11:44 pm
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First of all, what do your by-laws say?  If they say no parking on common property without the written permission etc etc, how hard would it be for your neighbours to get written permission?

Secondly, this is something you should politely raise with your landlord and tell them you are being denied the full use of your garage by the other owners.  If they refuse to do anything about it, ask for a reduction in rent.

If the landlord gets sniffy about it, point out this is a problem they are going to have with any tenant who expects full use of the garage.  You are not the problem, it's your selfish neighbours.

If they are using their garages for storage, so can't park in them, point out that this is illegal under council laws.  Otherwise basic respect for other people should prompt them to put their cars in the garages where they belong.

Re car washing - that is "standing" not parking  - there is a big difference, not least that you are there to move the car if anyone needs to get past.

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Tim349VicPl
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06/12/2017 - 2:58 pm
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\Why would you be washing your car on common property?

Isn't that cause a slip hazard on common property?

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JimmyT
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06/12/2017 - 3:31 pm
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Tim349VicPl said
\Why would you be washing your car on common property?

Isn't that cause a slip hazard on common property?  

Really?  have you ever tried to wash a car in a car space (without getting the other cars wet). Or in a garage?  As for the "slip hazard"?  Please!!  This is the kind of thing guaranteed to get strata residents' hackles up - or is that what you are trying to do?

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Tim349VicPl
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06/12/2017 - 4:09 pm
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Hi Jimmy T

Without being contentious, the question is about residents slipping on a smooth concrete surface, not from rain water (area enclosed) rather for another resident had washed their car on common property outside their lot and two adjacent lots.. 

The block that does not have a designated car wash area on the strata plan, so the resident considers it is ok to wash their car on common property .  

Also 6 residents have to garages past the point where the resident washes their car. 

so the question is about the actions of one resident that could cause injury to another, all on common property.

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Boronia
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06/12/2017 - 8:16 pm
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I understand it may be illegal to wash  a vehicle using detergents in any area when the run-off ends up in a stormwater drain. Car washes usually require run-off into an arrestor pit and to a sewer. Some require bunding to ensure the waste is contained. It is illegal to wash in the street.

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