Parked Cars encroaching partially on common property | Parking Peeves | Flat Chat Forum
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Mikey – it's not a matter of anyone having the upper hand. YOU are breaking the LAW & to get to this stage you would have been "breaking the law" – time & time again over months, without asking for approval. People parking illegally have no rights – understand that first.
Enforcing by-laws such as those for parking on Common Property is a tough gig. If Building Managers or Chairmen of Strata Plans had the same powers as those of Parking Rangers, then there wouldn't be an issue – you wouldn't park illegally otherwise you'd accept and pay the fine – like in the street – no different. Obey the rules.
My experience with most parking violators suggests they have no regard or consideration for other users, they have no respect for their nieghbours and they have no respect for the law. So the next time you're summoned to appeared before the CTTT – have a think about that.
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Hi Jimmy T, does the Body Corporate need to go through Fair trading first before they apply to the CTTT to impose a fine? Or do we go to the CTTT directly? Regards,
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Mikey_z4 said:
Hi Jimmy T, If the Body Corporate applies to the CTTT to apply for a fine, will I have an opportunity to engage with the CTTT to show that I have asked for written permission to park on common property, or offered to purchase or rent the common property? Also, is the fine to be levied on a per day / per month / or per year basis? Thanks again for your advice and Regards.
You will be able to plead your case to the CTTT. Fines are levied per breach or continued breach; if the CTTT fines you and you go back and do the same thing again the penalties go up each time
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Hi Jimmy T, you are also right re. the 'chocolate wheel' analogy. I just tried calling the CTTT (2.15pm) to get advice and the lady who answered was eating her lunch. No i did not get any sensible answers…
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Hi Jimmy T, If the Body Corporate applies to the CTTT to apply for a fine, will I have an opportunity to engage with the CTTT to show that I have asked for written permission to park on common property, or offered to purchase or rent the common property? Also, is the fine to be levied on a per day / per month / or per year basis? Thanks again for your advice and Regards.
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Hi Jimmy T, Thank you for your feedback – I will take up your suggestion regarding rental or purchase of the common property space.
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Mikey_z4 said:
I have (yes I know, opportunistically) parked three cars in a two car spot in my building. As a result two of my cars encroach onto common property [and] I have been served a notice to comply by the Body Corporate stating that I can be fined up to $550. Is this correct?
If you don't comply with the notice, the Owners Corp can take you to the CTTT and ask them to issue a fine of up to $550 for non-compliance. To be honest, even though the OC seems to be 100 percent right in this matter, there is absolutely no certainty that the CTTT 'chocolate wheel' will support them. It's a lottery.
Also, the Managing Agent has signed the notice on behalf of the Body Corporate and affixed a seal but there are no other signatures. Is this notice valid? Or do I need to see signatures from two executive committee members?
If the strata manager has the powers to issue NTCs delegated to them (as most have) then this notice will be valid without requiring a vote by the EC or signatures of office-bearers.
I will write to the Body Corporate seeking written approval to continue parking my cars in the above fashion. If they refuse, are they obliged to give me a reason?
No.
I also wish to add that the common property I am encroaching upon is part of a space measuring approximately 13M by 13M – more than sufficient for any vehicle to turn around in with my cars parked as they are.
Regardless of whether this is a major inconvenience to other drivers or not, readers of this website who have suffered the steady creep of "rogue parking" will be on the EC's side. It only takes a blind eye to be turned on one small breach before chaos ensues.
Surely rather than trying to find a way round the by-laws you might think about buying or renting the common property space from the OC, then everybody will be happy.
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An owner or occupier of a lot must not park or stand any motor or other vehicle on common property except with the written approval of the owners’ corporation”
I have (yes I know, opportunistically) parked three cars in a two car spot in my building.As a result two of my cars encroach onto common property; dimensions of the encroachment are as follows:
Car 1 – 1m length X 1.7m width
Car 2 – 30cm length X 1.67m width
I have been served a notice to comply by the Body Corporate stating that I can be fined up to $550. Is this correct?
Also, the Managing Agent has signed the notice on behalf of the Body Corporate and affixed a seal but there are no other signatures. Is this notice valid? Or do I need to see signatures from two executive committee members?
I will write to the Body Corporate seeking written approval to continue parking my cars in the above fashion. If they refuse, are they obliged to give me a reason? I also wish to add that the common property I am encroaching upon is part of a space measuring approximately 13M by 13M – more than sufficient for any vehicle to turn around in with my cars parked as they are.
I am aware that the Body Corporate has the upper hand in this instance but I would just like to clarify what my rights are (if any).
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