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Topic
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An owner has installed a cage around their parking spot. They claim it is to protect their car from people walking past. They have used the building pillars as supports which has technically enlarged the spot (by about a metre).
This is an open parking area which enables access to the front door. There are a number of routes to the door, all requiring a walk past other owners cars. This is the most direct route and is wider than normal to provide an egress.
I am concerned the cage is a fire hazzard blocking a quick exit. The OC don’t want to have a fire consultation because it will lead to inevitable costs to bring the building up to code. The EGM voted the suggested by-law be rejected. Only 5 of 33 owners voted.
The owner being on the committee has ignored the request to remove the cage as a result of the vote. As walkers are now pushed to walk further along the row, other owners could follow suit.
This domino effect would create a dangerous eyesore. I am also concerned that this precedent could also mean that cages could soon be replaced with bricks. What are the rules around car cages? Thanks in advance for any suggestions.
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Replies
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There aren’t many, if any, laws around parking spaces – they tend to be covered by by-laws which vary from building to building – but there are laws about common property.
The simplest solution would be to commence action against the strata committee for failure to enforce its obligations to maintain and protect common property. This would probably be under Section 232 (2) of the Act.
But initially, you and other owners would have to request mediation at Fair Trading and the prospect of having to defend his little land grab might be enough to see the cage removed.
By the way, there’s a reason we have fire regulation in our buildings – it’s to stop people dying in fires or getting hurt while fleeing from them. Concern that they might have to upgrade their fire safety measures should ring alarm bells in itself.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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