Flat Chat Forum Parking Peeves Current Page

  • Creator
    Topic
  • #50840
    AvatarSidney
    Flatchatter
    Chat-starter

    The SSM Act in NSW allows owners corporations to make a by-law delegating certain decisions to be made by the strata committee. For example, minor renovation decisions. Does this also apply to decisions on whether to issue  Notices to Comply for breaches of by-laws and breaches of the legislation by lot owners and tenants?

    The specific problem one of my son’s strata scheme has is that some tenants continually park in front of other lots’ garages which means the persons legally entitled to use the garages cannot get their cars in or out, sometimes for several days in a row.  They do not have a by-law allowing cars to be towed. Notes left on windscreens do not work.

    It is quicker to convene  a strata committee meeting than an EGM which is important when someone has been blocked from using their car in circumstances such as that mentioned above.

    Query 2:
    Are there any other functions or decisions that can be delegated to a strata committee? The owners corporation would like to list those delegations in the one by-law.

    Query 3:
    A tenant is sharing a unit with people whose names are not on the lease. We doubt that there is a sub-lease of any kind because the landlord denies knowing anything about additional tenants but we don’t know if he is being honest because he was accused previously of allowing over-crowding in his unit.

    There is no parking spot allocated or even available to those additional tenants and they constantly park on common property and in front of garages as stated in Query 1 above.

    3.1 Technically, additional tenants’ cars are trespassing aren’t they?
    3 2 Are owners allowed to photograph the offending  cars which show the registration plates as proof?
    3.3 Are owners allowed to search who owns the offending cars? If not, who can?  A solicitor?
    3.4 Can a lot owner or the owners corporation sue those additional tenants in the local court for trespass because their cars are not supposed to enter the property at all?

    Any advice would be valuable because the affected lot owners are at the end of their tether.

    • This topic was modified 1 month, 1 week ago by .
Viewing 4 replies - 1 through 4 (of 4 total)
  • Author
    Replies
  • #50876
    Jimmy-TJimmy-T
    Keymaster

    Hi, all these parking issues has me thinking, is there a difference between a “non owner, non resident” parking a car on a Strata Property or Private Property . thanks

    The issue of non-resident car space owners has made it all the way to the Supreme and Appeals courts, as this story and this follow-up illustrate.

    The problem with the non-owner, non-resident arises when a non-resident car space owner rents the space to another non-resident.  Not sure if m’learned friends have topped up their super funds on that one yet.

    The most common, non-resident, non-owner is the rogue parker who knows that there’s not very much we can do about people who park illicitly in strata schemes (usually because they are convenient to their work or train stations).

    As non-residents, they can’t be sent Notices To Comply and, since our laws on the protection of cars dates back to the days when you could be hung for stealing someone’s horse, they are offered a ridiculous level of protection.

    The responses therefore tend to be either to increase security  of access to the building or something informal like blocking them in (illegal), vandalising the car (very illegal), letting down tyres (dangerous and illegal) or issuing an implied threat such as the polite “don’t park here again” note held in place on the bonnet by a house brick.

    Oh, and I just re-read your question.  If a non-resident parks on private property – like your driveway – that is trespass and you can call the police and they will have the car removed.  If it’s on common property, the police will say it’s not their problem because strata owners don’t count (well, they don’t say that but you can tell they’re thinking it).

    • This reply was modified 1 month, 1 week ago by .
    #50872
    AvatarKangarookiwi
    Flatchatter

    Hi, all these parking issues has me thinking, is there a difference between a “non owner, non resident” parking a car on a Strata Property or Private Property .

    thanks

    #50867
    Jimmy-TJimmy-T
    Keymaster

    Further to my original response (below), I’d like to make a couple of additional points.

    Firstly, my tactic in this case would be to hit the landlord and illegal parkers with breaches for everything all at once.

    Take the landlord to Fair Trading (mediation with a view to getting NCAT orders) for failure to put the the head tenants name on the strata roll.  Hit the head tenant for the same thing with the sub-tenants.

    Hit the landlord for failure to control the behaviour of their tenants. Put “Move it or we will” posters on the illegally parked cars (the new version can be downloaded HERE).

    And before you do anything, get professional advice from one of our sponsors – StrataAnswers or Sachs Gerace Lawyers.

    • This reply was modified 1 month, 1 week ago by .
    #50842
    Jimmy-TJimmy-T
    Keymaster

    The SSM Act in NSW allows owners corporations to make a by-law delegating certain decisions to be made by the strata committee. For example, minor renovation decisions. Does this also apply to decisions on whether to issue Notices to Comply for breaches of by-laws and breaches of the legislation by lot owners and tenants?

    Paragraph 3 of Section 146 “Notice by owners corporation to owner or occupier” specifically allows this, albeit in a roundabout way, and you don’t need a special by-law.  It says “A notice must not be given unless a resolution approving the issue of the notice, or the issue of notices for the type of contravention concerned, has first been passed by the owners corporation at a general meeting or by the strata committee of the owners corporation.”

    The specific problem one of my son’s strata scheme has is that some tenants continually park in front of other lots’ garages which means the persons legally entitled to use the garages cannot get their cars in or out, sometimes for several days in a row. They do not have a by-law allowing cars to be towed. Notes left on windscreens do not work. It is quicker to convene a strata committee meeting than an EGM which is important when someone has been blocked from using their car in circumstances such as that mentioned above.

    As outlined above, you don’t need to hold an EGM every time you ping an illegal parker.  You do, however, need to make sure you have a standard by-law (which you probably have) forbidding parking on common property without written permission.  The prescribed Notice to Comply Form requires that the by-law allegedly breached be listed on the NTC.

    Query 2: Are there any other functions or decisions that can be delegated to a strata committee? The owners corporation would like to list those delegations in the one by-law.

    Section 36 of the Act says that the decisions of the committee are the decisions of the owners corp, and the owners corp can pass resolutions at a general meeting preventing the committee from making specific decisions.  However, for the sake of clarity, it would be worth having a by-law that says the committee can make all decisions on behalf of the owners corp, except for those that the Strata Act says must be made in general meeting or have been proscribed by a decision made at a general meeting .

    Query 3: A tenant is sharing a unit with people whose names are not on the lease. We doubt that there is a sub-lease of any kind because the landlord denies knowing anything about additional tenants but we don’t know if he is being honest because he was accused previously of allowing over-crowding in his unit. There is no parking spot allocated or even available to those additional tenants and they constantly park on common property and in front of garages as stated in Query 1 above.

    Section 258 requires the owner to give the notice of the holder any leases (Maximum fine for failure to do so $550) and the head tenant to give notices of sub-leases (maximum fine $550). So, if the landlord hasn’t provided that information, you go after them on that (Fair Trading mediation then NCAT). If/when they do provide the information, you then go after the Head Tenant for not providing information on the other occupants of the unit.  You might do well to set up a security camera to monitor comings and goings from the unit and car parking area as proof of breaches.

    3.1 Technically, additional tenants’ cars are trespassing aren’t they?

    This has more to do with breaching by-laws about parking on or obstructing common property without permission. Trespassing is entering “inclosed grounds” without permission.  They could say they had the permission of the tenants.

    3 2 Are owners allowed to photograph the offending cars which show the registration plates as proof?

    Yes.  You can photograph or film anything or anyone on common property (although you may have to put up a notice at the entrance to the block notifying visitors that there is video surveillance inside).

    3.3 Are owners allowed to search who owns the offending cars? If not, who can? A solicitor?

    As far as I know, only the police can do this, and under specific circumstances (such as if a crime is suspected)

    3.4 Can a lot owner or the owners corporation sue those additional tenants in the local court for trespass because their cars are not supposed to enter the property at all?

    Have a look at this web page and this one, then talk to a strata lawyer.  I have just noticed that section 34 of the Regulations and 125 of the Act  which allowed vehicles left (or abandoned) on common property to be removed have both been repealed. This has been replaced by reference to the Uncollected Goods Act according to this Fair Trading web page.  I will be amending my “Move it or Lose it” poster to comply.  Watch this space.

    • This reply was modified 1 month, 1 week ago by .
Viewing 4 replies - 1 through 4 (of 4 total)
  • You must be logged in to reply to this topic.

Flat Chat Forum Parking Peeves Current Page