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Topic
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A tenant who has a parking space next to mine in an open carport that is on the boundary of a public laneway, parks a huge 4 Wheel Drive AND tandem parks a large motorbike resulting in the bonnet of the 4WD overhanging the laneway. I find it difficult to get my car (small Mazda 2) in and out as the laneway itself is narrow and my visibility and manoeuvrability are impacted. I am unable to share my carport with my daughter or visitors who have SUVs as they also can’t get in or out easily.
I contacted the tenant, the Strata Manager AND the EC (all in writing), and have had no response from any.
I am the ONLY owner occupier who is affected in this way and have tolerated the situation for 2 years. Is there anything I can do? The carports are 2.6 x 5.2 metres and are not designed for large truck-like 4WDs.
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If the laneway is, as you state, a public road – and therefore not the Owners Corps responsibility – you should ask your local council to send a parking officer round to ticket the truck for impeding access on the road.
NB: Your committee may have decided that as this is a public road it is not their responsibility … but they should have told you that, at least.
If the laneway is common property, apply to Fair Trading for mediation prior to seeking orders under Section 232 (1f and 2) [below], compelling them to take action. You’ll find links for all the forms you need HERE.
232 Orders to settle disputes or rectify complaints
(1) Orders relating to complaints and disputes
The Tribunal may, on application by an interested person, original owner or building manager, make an order to settle a complaint or dispute about any of the following:
(f) an exercise of, or failure to exercise, a function conferred or imposed on an owners corporation under any other Act.(2) 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.If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. 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. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.