LadyJ said
The problem parkers are being told to ignore any letters on their windscreens. This escalates the issue because problem parkers are now ignoring every letter they get, for all types of issues (serial offenders). Can residents have action taken against them for re-issuing the official letter and/or official by-laws?
In a word, NO. But who is telling the problem parkers to ignore the notices? Who says they are ‘illegal’?
I fear your strata scheme is being sidetracked by bogus claims of what is legal and what isn’t because your processes aren’t functioning properly.
Firstly, you need to get your strata roll up to date, including a current list of who your tenants are. I confidently predict your buildings’ strata manager and/or rental agents will claim there are privacy issues at which point you will refer them to Section 119 of the strata Act that requires them to provide the information (see below) or face a fine of up to $550.
Then you have to tell your notice-posting owners to give it a rest while you make things more official. At the same time, you need to tighten up the warnings and Notice To Comply system so that NTCs are sent to the owner or tenant with copies posted under the car windscreen wiper.
Then, and this is the most important thing, you need to follow through. In fact, I wouldn’t bother with warnings. A Notice To Comply IS a warning. It is not a fine. It tells owners that if they don’t comply, action will be taken to have fines imposed.
So tighten everything up. Tell your amateur traffic cops to back off or, at the very least, devise a standard note that can be issued saying something like: “This vehicle is parked illegally. Your details have been passed to the Executive Committee and strata manager with a view to a Notice To Comply being issued. A Notice Co Comply can lead to fines of up to $550 being imposed. Please do not park here again.” And tell them they have to pass the details of when the note was posted to the SM or EC so proper procedures can be followed.
Sounds to me that you need to have a meeting to discuss parking strategies – it can be a community meeting, rather than an official EC or General meeting – just as long as you can agree on a strategy
This is what the Act says about informing the Owners Corp when lots are leased.
119 Notice to be given to owners corporation of leases or subleases
(1) If a lot is leased, the lessor must give notice of the lease, in accordance with this section, to the owners corporation within 14 days after the commencement of the lease.
Maximum penalty: 5 penalty units.
(2) If a lot is subleased, the sublessor must give notice of the sublease, in accordance with this section, to the owners corporation within 14 days after the commencement of the sublease.
Maximum penalty: 5 penalty units.
(3) If a lease or sublease of a lot is assigned, the assignor must give notice of the assignment, in accordance with this section, to the owners corporation within 14 days after the execution of the assignment.
Maximum penalty: 5 penalty units.
(4) The notice must specify:
(a) the name of the lessee, sublessee or assignee, and
(b) the date of commencement or assignment of the lease or sublease, as the case requires, and
(c) the name of any agent acting for the owner in respect of the lease or sublease.