Owner Parking in Visitors Space with consent of Managing Agent | Parking Peeves | Flat Chat Forum: Your Questions Answered




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Owner Parking in Visitors Space with consent of Managing Agent
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letherm
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18/10/2017 - 3:19 pm
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We live in a small villa block and one of the owners parks constantly in visitors parking area. We’re not there all the time but our visitors have to park in the street when we are there. Called on the owner of the car and he was most abusive and claimed our car had scratched his.(It hasn’t and he has no evidence). And that all the owners had agreed informally that he could park there as often and for as long as he liked.

The Managing agent has emailed and said that  all should live in harmony(we agree).But then went on to say that the parking issue is being used by us as an excuse to harass people as street parking is good and plentiful, the area  is safe and she left her car in the street, where she lives, very often.

Also said that as we aren’t in residence all the time, then  even though we are owners we are using this as a personal issue. She advised the owner who parks illegally to take out an AVO against us and that he should call the police before opening the door. Also the correspondence will not be put in the file as selling to another buyer will be very hard with this dispute in the public area.

All the above are almost exact quotes from her email.

We of course deny her statements but what can we do? This is a most unpleasant situation. Is there any way we can have mediation between us and the Agents in Fair Trading as none of the other owners want to get involved ?

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strats all
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19/10/2017 - 12:01 pm
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Are you a new owner there? It sounds like the person has been doing it for some time without objection. Are you on the Executive Committee at all? Someone can correct me if im wrong but my understanding is even if the other owners are not on side you can still raise the matter through to NCAT as an individual lot owner. NCAT will give you the option of mediation first. It's better if you have some other owner's on side when doing so.

In regards to the managing agent's comments its irrelevant if there is street parking or not common property is being used contrary to what it is there for. Further to this it may be an idea to look at getting a new managing agent as the advice they are giving is far from encouraging a harmonious place to live.

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deliria1
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14/11/2017 - 9:11 am
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I wonder if anything at all can be done in these situations. We live in a large apartment complex that has about 12 visitor parking spaces, mostly taken up by residents.

Two of the biggest offenders are members of the SC who park their first car in their parking spot & their second car in the visitor parking.  I cannot tell you the number of times I have complained to our Strata Manager & our Building Manager, all to no avail - these SC members feel it is their right. I can understand why other owners do it, as they see SC members doing it.

We have a mob that we pay to come and issue fines to people parking in the visitor parking without a valid ticket or for over 4 hours - however, they don't show up very often & when they do, they never fine the two SC members, so clearly the SC members have struck some sort of deal with them.

Other owners just view an $88 occasional fine as the price they pay for off street parking.

Meanwhile visitors have nowhere to park.

The OC gets nothing from this arrangement, the fines collected go to the parking people and we pay $500 a month to a company that barely shows up and only fines certain people, while letting others do as they like. 

I have suggested we dump them and put the $6000 a year we pay them to better use and make the visitor parking a case of first in, best dressed - at least it would be fairer. 

The SC won't agree to this though, of course not - they don't want to lose their free parking!!

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Digby
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17/11/2017 - 5:33 pm
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Hi, 

Common property parking area to the exclusive use of owner or tenants can only be approved my the strata committee. 

In some circumstance they may decide to charge a rental on the common area space to them. 

You could have them fined for illegal parking, if there is no documentation for  the exclusive use.  As it disadvantages other visitors to the complex. 

Kind Regards. 

Digby

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JimmyT
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20/11/2017 - 11:25 pm
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There is a very good chance that your strata scheme got planning approval based on a certain number of spaces for visitor parking.  If so any approval for resident use of parking spots is a breach of your planning approval.

You can  also take your committee to the Tribunal seeking orders that they properly manage common property, including parking spaces.

Making visitor parking spaces available to residents on any basis is not only against regulations but is a recipe for disaster. 

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platform.shoes
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21/11/2017 - 5:08 pm
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I also live in a small villa complex of 5 units where occupiers of 3 of the units have taken up all five visitors car spaces to park their personal vehicles for many, many years, claiming there is plenty of parking space, including on street parking.  They don't seem concerned that the occupants of the other two units don't have access to the visitors car spaces! After a couple of years trying to have several issues resolved through the Owners Corporation, including unapproved garage conversions to living space (no DA or OC applications made and in breach of the Development Consent), owners using visitors car spaces for the own vehicles (also in breach of the Development Consent), and storing personal belongings in the visitors car space, I have taken our owners corporation, represented by the Strata Committee, to NCAT; firstly through mediation now through a formal directions hearing, which is currently underway. 

Our bylaws state residents are not to use visitors car spaces.

I have been called a bully, unneighbourly, accused of having a personal issue with residents; and the Chair implied I was a liar when I provided photographic evidence of the breach of the bylaws, claiming the photos weren't taken on the day I said.

It's very stressful to have to go to NCAT, but I have found that the Managing Agent has exacerbated our problems but not providing correct advice to the OC.  Despite having motions to issue Notices to Comply on our AGM agenda, the OC voted not to take action. Our Managing Agent actually said if I didn't like the decisions made by the OC I could go to NCAT.  Frankly, the best approach is to go directly to the independent arbiter.  It's a small amount of money (as long as you don't engage a lawyer) and in the long run you'll save yourself a lot of angst.

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