Mikey_z4 said:
I have (yes I know, opportunistically) parked three cars in a two car spot in my building. As a result two of my cars encroach onto common property [and] I have been served a notice to comply by the Body Corporate stating that I can be fined up to $550. Is this correct?
If you don't comply with the notice, the Owners Corp can take you to the CTTT and ask them to issue a fine of up to $550 for non-compliance. To be honest, even though the OC seems to be 100 percent right in this matter, there is absolutely no certainty that the CTTT 'chocolate wheel' will support them. It's a lottery.
Also, the Managing Agent has signed the notice on behalf of the Body Corporate and affixed a seal but there are no other signatures. Is this notice valid? Or do I need to see signatures from two executive committee members?
If the strata manager has the powers to issue NTCs delegated to them (as most have) then this notice will be valid without requiring a vote by the EC or signatures of office-bearers.
I will write to the Body Corporate seeking written approval to continue parking my cars in the above fashion. If they refuse, are they obliged to give me a reason?
No.
I also wish to add that the common property I am encroaching upon is part of a space measuring approximately 13M by 13M – more than sufficient for any vehicle to turn around in with my cars parked as they are.
Regardless of whether this is a major inconvenience to other drivers or not, readers of this website who have suffered the steady creep of “rogue parking” will be on the EC's side. It only takes a blind eye to be turned on one small breach before chaos ensues.
Surely rather than trying to find a way round the by-laws you might think about buying or renting the common property space from the OC, then everybody will be happy.