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We are a block of 12 units with a DA showing 18 car parking spaces, including a wash bay. One lot owner purchased 2 parking spots with her title, all other residents purchased 1 parking spot per lot. We believe that the block conforms to council requirements for visitor parking, and there are 4 spaces clearly marked as visitor parking.
For over 12 months one owner (wife of a committee member) has parked their 2nd vehicle in a space marked as visitor. Repeated requests, to remove the vehicle have failed and a breach order was defeated by a block of owners with greater lot entitlements (not the majority of owners). A letter from the owners solicitors, has advised all other owners that these owners are not in breach of the bylaw.
The bylaw reads as follows “a resident must not park or stand a vehicle or bicycle on the Common Property other than in those parts of the common property allocated for car parking on an exclusive use basis or those parts of the Common Property designated for standing or parking of vehicles or bicycles”.
We have documented (photos, dates) where this resident is parking exclusively in a visitor park.
Does the above bylaw allow for this to occur, as the offenders have also advised a tenant , that they too can park their 2nd vehicle in a space marked for visitors, thus severely limiting visitor parking.
A further point to note is that on a committee of 5, 3 are in the group who opposed issuing a breach order and this includes the husband of the person parking in the visitor spot.
In your opinion, it this worth pursuing further, and if so, what would be the best way forward, bearing in mind that all but three residents are pensioners, so funds are limited.
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