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Driving on Common Property
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curramore
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11/01/2019 - 3:07 pm
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A renter in our complex of 12 illegally uses guest parking to park his work vehicle in, this issue has been brought up with the Strata management which is supposedly reporting it to the Units managing agent. recently it has been observed that the tenants son aged approxiamately 14 is driving his fathers work vehicle around the common property. Will this be covered by the complex insurance if damage is caused to one of the town houses?

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scotlandx
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11/01/2019 - 6:13 pm
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The best way to find out is to ask the insurance company – if a 14 year old is driving a vehicle on the common property and smashes into something will you pay for the damage?

You can then give their response to the landlord of the tenant and demand he take appropriate action.

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Jimmy-T
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11/01/2019 - 7:23 pm
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The tenant should be getting official Notices To Comply on both the parking and behaviour on common property (14-year-old driving).  These can lead to fines.

They should also be reminded that breaching by-laws is a breach of their lease which could lead to them being evicted by their landlord.

Contacting managing agents about this kind of thing is usually a complete waste of time.  You don’t need to send warnings … a Notice To Comply is a warning.

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curramore
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17/01/2019 - 4:18 pm
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This was our strata managements reply

Unfortunately, this is not a breach of a strata by-law and is out of our jurisdiction, however I will notify the property agent and ask if they can act on their end.

I would suggest that if you witness this in future to contact the police.

In relation to the buildings insurance, if an incident occurred, the building insurance would still cover for any accidently damage.

 Meanwhile the tenants are laughing at us

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Jimmy-T
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17/01/2019 - 4:24 pm
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Your strata manager should be issuing notices to comply directly to the tenants.  Dealing with rental agents is a complete waste of time as there is nothing it it for them.

Also, if need be you may need a new by-law covering behaviour on common property and perhaps another covering parking on common property.

Oh, and you might want to start looking for a new strata manager too.  If they don’t want to do their job, find another one who does.

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Sir Humphrey
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18/01/2019 - 5:12 pm
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curramore said
This was our strata managements reply

Unfortunately, this is not a breach of a strata by-law and is out of our jurisdiction…

With a bit of imagination (well, not much really), I am sure it would be in breach of a by-law. In the ACT, where I am, default rule 5 states:

“Use of common property – A unit owner must not use the common property, or permit it to be used, to interfere unreasonably with the use and enjoyment of the common property by an owner, occupier or user of another unit.”

I am sure all other jurisdictions would have something similarly generic to cover anything unreasonable but unanticipated on common property. Unexpected vehicle movements on common property by a 14 year interferes unreasonably with any residents reasonable expectations about safe use of common property. The 14 year old parent is permitting this and would be in breach in the ACT. 

 

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curramore
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18/01/2019 - 5:32 pm
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I rang the police as per advice from strata management and they said they would only come out if an accident occurred which is understandable. Now in the process of looking at other Strata management firms

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