04/07/2019 at 1:59 pm #38434
An Owner has rented out her Unit to a family with three cars. There are only two car spaces available within the entitlements of the Lot. The third car has been seen parking in the Visitors Car Parking arrangements.
What are the options available to the BCC to prevent this arrangement from becoming a real issue, or even, is it an issue ?04/07/2019 at 2:15 pm #38436
It certainly is an issue. A resident has just awarded themselves a very nice chunk of real estate at everyone else’s expense.
I would start with a polite note sayng that this is for bona fide visitors only and is not a spare space for residents to use as they see fit. Residents’ parking there do so in breach of by-laws and could lead to a fine and/or the vehicle being towed at the owner’s expense. Suggest that they put a notice on your noticeboard asking to rent a spare space from another owner.
If that doesn’t work, get the strata manager or committee to issue a Notice To Comply, which is basically an official warning that carries the very real threat of fines.
Alternatively, the committee could go straight to our handy “move it or lose it” poster, which you can download from HERE
Or read some of the other methods used to deter parking ‘thieves’ right here in the forum04/07/2019 at 3:31 pm #38437
“… or even, is it an issue ?”
If you have plenty of visitor parking and it is hardly ever full and, historically, you only ever have one or two units with surplus vehicles over their allocated spaces, and nobody is complaining, then its not worth bothering. Why not let a resident enjoy a convenience that is doing no harm?
On the other hand, if parking is tight and other residents are being inconvenienced because their visitors often can’t find a park, then it is certainly worth pursuing.
If there are residents with allocated spaces that they don’t use, perhaps you can play match-maker.
10/07/2019 at 10:17 am #38630
- This reply was modified 2 months, 2 weeks ago by Sir Humphrey.
Some new-to-apartment-dwellers don’t understand they can’t automatically do this so unless it get bought to their attention they won’t know or won’t change. Being nice is the start and letting them know the rules, that they are not the first and here’s what others have since done is a good start.10/07/2019 at 9:26 pm #38647
What if the person parking illegally in a visitor’s spot is the partner of an SC member?11/07/2019 at 9:59 am #38651
It may not be an issue today, or even in a few months time..but, when residents turn over and the car park is full it will definitely be an issue. And the initial instigators will insist that because they’ve been parking there for such a long time they should be allowed to continue.
Then the arguments will commence in earnest and the OC will be blamed for allowing it to originally occur and continue.
11/07/2019 at 10:44 am #38661
- This reply was modified 2 months, 2 weeks ago by Jimmy-T.
What if the person parking illegally in a visitor’s spot is the partner of an SC member?
All the more reason for pursuing this. If the committee does nothing, you can seek mediation and then take them to NCAT under section 232 (2) of the Act – Failure to exercise a function (below).
There was a good reason that they changed the name of committees from ‘executive” to “strata” – some members thought that being on the committee entitled them to executive privileges. It doesn’t but it does come with the implied responsibility to set a good example to other owners.
Send them a letter asking that all illegal parking on common property be dealt with for everyone, including committee members, or you will raise the matter at NCAT. Then wait two months for them to either refuse or do nothing, then apply to Fair Trading for mediation.
Failure to exercise a function
For the purposes of this section, an owners corporation, strata committee or building management committee is taken not to have exercised a function if:
(a) it decides not to exercise the function, or
(b) application is made to it to exercise the function and it fails for 2 months after the making of the application to exercise the function in accordance with the application or to inform the applicant that it has decided not to exercise the function in accordance with the application.
11/07/2019 at 6:13 pm #38672
- This reply was modified 2 months, 1 week ago by Jimmy-T.
I still reckon the decision about whether to take action depends on whether it is a problem now or likely to become one in the future. Where I am, we have several residents with more vehicles than they have allocated spaces but this has not caused any practical problem for residents or visitors. There is sufficient unallocated parking and street parking and some private arrangements between residents for unused allocated spaces. It has been like this for several decades so it seems unlikely to become a problem any time soon.
A middle course if it is not an immediate problem would be to write to the person parking on common property pointing out that they have no right to park where they are and no recourse if others park there and the OC might need to enforce its parking rules if demand for parking were to get tighter.
We have had some other serious parking issues but this was not one of them.11/07/2019 at 6:14 pm #38671
Thanks Jimmy. It’s been going on for years; workers, wives and partners parking in the visitor spots all day, day after day. Night after night sometimes.
The SC said they were going to do something about it but decided at the latest SC meeting to do nothing.
And, no offence, but NCAT is a toothless tiger. Useless!11/07/2019 at 6:17 pm #38674
Where there is a problem but the SC is not acting, an option is to put a motion to the next general meeting directing the SC to take action (be specific about exactly what you want done). The SC exercises the functions of the OC and a general meeting of the OC is the superior decision-making body. So, it would have to act. If it still doesn’t when directed by the OC, you are on even stronger ground when going to the Tribunal.12/07/2019 at 10:41 am #3867712/07/2019 at 4:00 pm #38683
Just getting back to the general issue, and taking Sir H’s point of not causing problems where none really exist, most by-laws related to vistor parking come under a provision that you can’t do it without written permission.
So if you’re in a situation where there are plenty of spaces and residents want to use them, how about asking them to apply for permission and even charge a nominal rent (slightly less than the going rate for car spaces in the area) for doing so.
Then in the future, when the lack of visitor spaces becomes an issue, you can start pulling back on the permissions on a last-in, first out basis. These spaces are common property and they are an asset – use them wisely.
14/07/2019 at 11:09 am #38693
- This reply was modified 2 months, 1 week ago by Jimmy-T.
Some new-to-apartment-dwellers don’t understand they can’t automatically do this so unless it get bought to their attention they won’t know or won’t change. Being nice is the start and letting them know the rules, that they are not the first and here’s what others have since done is a good start.
Parking rules, and other rules relating to the property, should be included in the By-Laws which every owner/tenant should have a copy of.14/07/2019 at 11:13 am #38695
Parking rules, and other rules relating to the property, should be included in the By-Laws which every owner/tenant should have a copy of.
Should, but often don’t. Also, many people really don’t ‘get’ strata at all. It is often a matter of education required. People often need basic concepts explained. If they did the wrong thing, it is not necessarily due to malice or lack of care. It might be simple ignorance.