Cage fight over parking space

This is an version, edited for publication, of a question that appears in full elsewhere in this Forum.

QUESTION: We have a new owner in our block who wants to enclose his undercover car space. This particular area is designed for two cars and if this owner puts up a dividing wall down the centre it will make use of the adjoining car space extremely difficult.

While we park within the marked lines, it is accepted by all other owners that to give reasonable access, car doors are opened into the adjoining area.

This owner says it his space and he can enclose it if he wants too.  But the area was never designed to be enclosed  and it will adversely affect the adjoining owner’s ability drive into the space and get in and out of his car.  Any thoughts on how to stop this?  – Haroyd (via Forum)

ANSWER: There’s a block in the city that had this problem with one owner for several years, not helped by the CTTT genius who decreed that neighbouring car owners had no right to swing their car door over the adjoining space.

It took a ridiculous amount of time and effort to get the idiotic decision reversed but it ended with the Executive Committee sending builders in to dismantle the cage and stack it in the middle of the selfish owner’s parking space.

There are several probable grounds on which this could be rejected.  For instance, the owners can be refused permission to fix anything to the floor, wall or ceiling, which are all common property.

There may be by-laws about  the appearance of common property or that owners can only use parking spaces for cars, not storage.  There could be local council planning requirements and fire safety issues and, a lawyer friend tells me, the strata plan might have to be altered.

But really, anyone who wants to assert their “right” to do as they please with no regard for their neighbours, should be living in a house.

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