› Forums › Common Property › Busting a bike ban › Current Page
@JimmyT said:
@Fgc said:
Section 3 refers to obstruction of common property, which I don’t think would be compelling with the bikes having been in their exact position for three years and not blocking any thoroughfare.I don’t think the definition of obstruction in this regard can be narrowly defined as physically impeding a passageway.
Otherwise, are you referring to your schemes’s specific by-laws?
The exact wording is “must not obstruct lawful use of common property”. I don’t think it needs to be a passageway per se, but if it were to get to the tribunal (it won’t), the first question they’re likely to ask is – if it’s causing an obstruction – why has there been no complaint for three years? And what is the lawful use of the common property that it is obstructing?
The by-laws to the best of my knowledge are the old 1996 SSM Act By-laws in Schedule 1. I think they’ve added one for e-voting but nothing relevant to this matter.
