Flat Chat Strata Forum Parking Peeves Current Page

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  • #11861
    Anonymous

      When one of the owners in our complex constantly parked in the only spare parking area that had previously  been used for visitors and car washing, the owners corporation voted to install a bollard so this area can’t be used at all for any vehicle use whatsoever and is now just a dead space with a bollard in the middle of it.

      I have checked with council and they say the approved building plans do not allocate this as a visitor car space so the bollard is legal.

      My question is, don’t all complexes have to have at least one designated visitor car space?  This is in a Sydney suburb complex of 15 units.  I find the council’s replies dubious on this matter.

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    • #30307
      Jimmy-T
      Keymaster

        @fredmertz said:
        My question is, don’t all complexes have to have at least one designated visitor car space?  This is in a Sydney suburb complex of 15 units.  I find the council’s replies dubious on this matter.  

        You are right to be cautious about the council’s replies. I have heard some bizarre stories recently of councils denying any knowledge of a planning breach until they were confronted with a sheaf of letters from them to the complainant.

        Try to get hold of the initial DA for the block (it should be on file at the council offices) or find your sales contract which should have a plan of the whole building, including the defined parking areas, attached. 

        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.
        #30358
        Anonymous

          The council has advised me that the code at the time of the BA (1988) required a car wash bay in our complex and this is the area that has had the bollard installed in it so that no one can use.   Wondering if anyone can tell me if it was legal for the body corporate to do this?

          #30342
          Jimmy-T
          Keymaster

            @fredmertz said:
            The council has advised me that the code at the time of the BA (1988) required a car wash bay in our complex and this is the area that has had the bollard installed in it so that no one can use.   Wondering if anyone can tell me if it was legal for the body corporate to do this?  

            The answer appears to be “no” – it was not legal and they are in breach of their DA.  A lockable bollard with access given to any residents who wanted to use the car wash would be acceptable.  Or a committee that was prepared to issue breach notices to illegal parkers, plus signs that said anyone parking there was liable to be fined and/or towed would be just as effective.

            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.
            #30350
            Anonymous

              It is a lockable bollard but only one person on the committee has the key and thus if any owner wants to use it, it is a tedious and ridiculous procedure to get access, i.e. they may not respond for hours or maybe not even until the next day or maybe even be on holiday.  Then what?   Why should one have to plan is far in advance if they want to wash their car or unload their groceries?  If the committee are in breach, who is responsible for advising them of the breach?   Really appreciate any help.   I would love to get to the bottom of this and am happy to accept the outcome provided it is legally correct.

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