@Mikey_z4 said:
Hi Struggler and Scotlandx – thanks for commenting
I just want to clarify that thespecial by-law was struck some 6 months after the parking encroachment by me started. The by-laws were not in place when I bought into the complex.
As part of seeking written permission, i also offered to pay a market value for the parking encroachment. and i’ve also offered to have the rental backdated to the date of first encroachment. but i take your point concerning levies and so far i’ve not factored this into the market value of the rental.
two of my three vehicles are large cars. i offered at mediation to downsize these two (ie get smaller cars) so that they would all fit within the lot. this was flatout refused at mediation by the lawyer sent by the body corporate. i even asked whether i could park 2 cars and one motorcycle. absolutely NOT was the response hahaha
lastly, the standard by-law 2 says cars must not be parked on common property without ‘written permission’ – so if written permission is granted, the by-law itself states there is no contravention.
Hi Mikey_z4,
Another factor to consider is that when your building development was approved by your local council, it was done so with a specific number of car spaces vs visitor spaces vs number of proposed apartments. Another consideration as well as is the amount of turning space/clearance in what is now ‘the common area’. These plans would have been submitted by the developer.
So, even if the OC were in favour of allowing you to buy common space, it simply may contravene the original and current council regulations and you will find that it can’t be granted, no matter how much you offer to pay.
It is likely your EC will need to seek council approval prior to changing the parking plan layout: while this does not apply to every single LGA, it does apply to vast majority.
