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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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@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.
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@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.
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