Flat Chat Strata Forum Parking Peeves Current Page

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  • #7467
    Jimmy-T
    Keymaster

      QUESTION: I  rent a townhouse  where, because of limited spaces in our parking lot at the back,  most of us tend to park at our front doors, on common property. There’s plenty of room for other cars to pass.

      I park there because I don’t want to leave my small kids unattended and out of sight while I bring in the shopping.

      Now I have received a warning letter saying I have broken by-laws about parking on common property and blocking other peoples garage.

      I want to ask strata for permission to park on common property in front of my front door. Can I do this? I don’t want any more warning letters or a fine. – PinkPurple (via Forum)

      ANSWER: It sounds like your Owners Corporation is clamping down on illegal parking so I doubt very much if they will give you permission to park there as it could soon become a free-for-all.

      But you could get your landlord and other owners to ask the OC to create a drop-off zone where people can park briefly while they load and unload. That way you’re providing a solution rather than creating a problem.

      Meanwhile, remember, if you are in breach of by-laws your are breaching your lease.

      This topic is discussed in much greater detail -and it’s a much bigger issue – here

      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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    • #13182

      Hi

       

      I am in a similar situation.

       

      As I have discovered, even though cars may be able to pass, there is the issue of blocking access for residents (and people walking down that access path) to get to common property, such as letterboxes, clothes lines, bins, etc…if they have to walk around your car then it is an issue – especially if that course takes them onto a road.

       

      If someone has to walk onto the road or verge, particularly into traffic, due to a vehicle being parked on common property that obstructs their access to that common property or Council space, then from what I have been told, your car is an obstruction.  My understanding is that this is especially evident if you block a footpath or part of.

       

      There's also the disabled to consider – in that Council land must be unobstructed (along with common property) for those residents using wheelchairs, canes, walkers or other tools to assist in mobility.

       

      Gee I've started to learn a lot since moving from my Freehold acreage to urban living….doing all I can to be a respectful considrate neighbour – just wish the others in my block (and surrounds) would do same!

       

      Ms X

      #13185
      Snared
      Flatchatter

        I agree with you about changing to Strata living, your life is no longer your own but governed by whoever is on the Executive Committee, if you are interested read my posts under “Drummer Driving me Mad”.I would never live like this again, in fact, I am seriously thinking of selling because of the lack of support from little people with alot of power.

        #13186
        Jimmy-T
        Keymaster
        Chat-starter

          I feel your pain and I share your frustrations but it's not about strata, it's about having an a**hole neighbour.

          Exactly the same thing could happen to you if you were in a free-standing house – the only problem in strata is that one of the avenues available to you to get a remedy this is via people who don't care. You can still pursue this yourself via the CTTT or the district court.

          Look at it this way, if your Executive Committee is such a useless bunch of hand-sitters as they sound, get them voted out at the next AGM.  If your strata manager is such a pathetic time-server, get your new EC to sack him.

          Your by-laws clearly forbid the behaviour you have complained about – the only real problem is that in NSW (unlike Victoria and Queensland) there is no obligation on the Owners Corporation to enforce them.

          Would you really be better off in a house? Have a look at this story from earlier this year.

          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.
          #13189

          Depending on the wording of the by-laws for the particular strata scheme, residents may be able to obtain written permission to park on common property, but it would be best to set some particular conditions or limitations to this, otherwise the common area driveway will soon replicate a used car sale yard… Never a good look in relation to property value.

          #13194
          struggler
          Flatchatter

            We send out endless letters, notices to all residents regarding unauthorised use of common property.  Particularly parking.  We do say each time that you need the written permission of the EC to do so.  Despite about 50% of people parking on common property, there has never been a request from residents to do so. 

            We are quite patient with our residents regarding strata by-laws, despite them hating the EC for “controlling their lives” and not letting them do whatever they like.  When we see someone doing something that is not allowed, we give them the benefit of doubt that this is a one off.  We don't run over to them, by-laws in one hand, notice to comply in the other saying you can't do that. 

            We were quite willing to overlook instances where a resident parked in the visitors car space once in a blue moon.  But it would seem that when they didn't receive any notice for that one infringement, they then parked there on the full moon, half moon, quarter moon etc.  The EC are tired of being mooned.  Give someone an inch they take a mile and ruin it for all. 

            And your right Mr Strata – the car park look is not good for property value.  The complexes around here with cars in the visitors car park and driveway are much, much cheaper than our complex.  Another reason why I believe units in our complex sell the first open day and for considerably more than the asking price (even in this market) is that when buyers come to see, they can park!  Perhaps they  see where their visitors will be parking when they have them over! 

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