› Forums › Parking Peeves › Parked Cars encroaching partially on common property › Current Page
Well yes, name calling and references to fascist dictators is not necessary, whatever the context. However, you are encroaching on common property. I don’t know the circumstances of the property so it isn’t possible to make a call as to whether that is a concern or not, but generally I would say that I would have concerns, for a number of reasons.
You mention in your other post that there is a by-law providing that 2 cars can be parked in the space. Without knowing the background to the by-law, that is the by-law. From what you say, it is not possible to park 3 cars in the space without encroaching on common property so the basis of the by-law doesn’t seem unreasonable. If it was put in before you bought the property, you bought the property on that basis. As it is, you are using part of the common property to enable you to park 3 cars, where the by-law says 2 cars. That use has value – i.e., the value of a 3 car parking space would be significantly more than a 2 car parking space. So you may not be hurting someone, but you are using common property and that is of benefit to you. Similar considerations apply if someone decides to store possessions on common property, they are using space that doesn’t belong to them for their personal use.
I don’t really see the logic of saying if written permission were given there would be no contravention, it is up to the OC/EC as to whether permission is given, and if it isn’t then there is a contravention.
