- This topic has 6 replies, 5 voices, and was last updated 1 month, 2 weeks ago by .
04/11/2019 at 2:58 pm #44119VeeDubFlatchatter
I understand that parking is one of the topics that is frequently raised, although I think most around the use of Visitor Parking spaces by residents or other non-visitors.
I’d like to know what is the situation in relation to use/occupation of private car spaces?
I have an office in a commercial strata, which has two car spaces assigned. These spaces are numbered as belonging to my unit and I also have a small bollard ‘do not park here’ for each car space. Unfortunately the OC would not allow me to install a robust ‘post’ bollard and the bollards have been vandalised so that they can be closed without the key.
Recently I have found my car spaces occupied so that I have had to use somebody else’s space to park my car. Really not good. I’m aware of some car parks that are patrolled by Parking Inspectors. So there is a process where you can enforce parking violations.
Should I be contacting the Strata Manager of the car park involved or are the rules for unauthorised occupation of a private / personal car space different to that of a visitor car space?
05/11/2019 at 8:30 am #44172
- This topic was modified 2 months, 3 weeks ago by .
I reckon your owners corp has a duty of care to ensure that your parking spaces are available to you. Since they have refused to allow you to install practical bollards, then they need to come up with a workable alternative solution.
My first step would be to write a polite but firm letter saying exactly that, telling them that if they haven’t come up with either a plan to resolve the issue (by a certain date) or permission for you to fix the bollards yourself, you will be pursuing this through Fair Trading under Section 232(2) of the Act, regarding failure to fulfill their statutory duties.
Then, of course, you have to follow through on that, which means applying to Fair Trading for mediation, as a first step. Just make sure it’s more of a hassle for them to do nothing than it is to do something and you’ll get a result.07/11/2019 at 8:42 am #44300Silly CowFlatchatter
Jimmy, I think your advice is wrong and you have missed the point. If there is a lease which includes those parking spaces then the landlord i.e. the owner of that property, be it Strata title or not is in breach of the lease conditions by not stopping others from allowing the lessor to use those spaces for which he is paying. It has nothing to do with the Strata Committee for the building. His remedy is a claim against the landlord for breach of contract and NCAT may not have jurisdiction as it is not a strata title issue as opposed to a breach of contract of conditions of a lease on property be it strata or otherwise. I would send a threatening letter to landlord, not the strata committee, demanding it remedy this problem otherwise he will take it further be it to Fair Trading if it has the jurisdiction or elsewhere.07/11/2019 at 8:48 am #44330
There are a lot of “ifs and buts” in you lecture about how I am wrong and have “missed the point”.
IF all the conditions you list apply, then MAYBE you are right. Otherwise I would advise the VeeDub to regard your advice with extreme caution.
The parking garage floor is common property. Fixing bollards to it would require Owners Corp approval. The landlord (if there is one) would need that approval. The Owners Corp is refusing to give it.
That is the point.13/11/2019 at 9:03 am #44743Rosebank91220Flatchatter
Imagine, IF the person “illegally” parking in your carspace came back, and all the Tyres were deflated, Do you think they would park there again!!!!!!!!13/11/2019 at 9:07 am #44750
Imagine if they didn’t notice, drove off, lost control of the vehicle and injured someone …
Also the deflated parker would have a pretty good idea who let their tyres down – who knows what form their retribution would take?
The best “informal” response I have heard of involved a “don’t park here again” note on the bonnet, held in place with a house brick.08/12/2019 at 5:53 pm #45983CosmoFlatchatter
VeeDub, I have no comment about the substantive issue or the legal action you should take.
My only comment is that you need to take a photo of the offending vehicle every time this occurs. This will build a picture for any action you may decide to take.
Nothing impresses a tribunal etc like a photo with date stamp! *smile*
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