- This topic has 2 replies, 1 voice, and was last updated 5 years, 3 months ago by .
-
Topic
-
We are a block of fewer than 20 apartments.
One of the owners, who lives alone, has relative who who flits between two homes.
At a previous meeting the owner informed us that the relative will be coming to live with them on a permanent basis.
The problem is the relative continually parks in the only visitor parking spot for days and nights at a time.
The owner has a two car garage but is filled to the brim and only one vehicle can fit.
On bringing this to their attention they have said that the relative should be classified as a visitor as the address shown on his rego and drivers license is the address of the other home in another suburb.
Strata manager doesn’t seem to think that it is an infringement.
Is there a binding explanation as to when a visitor is no longer a visitor but now a resident.
-
Replies
-
Is there a binding explanation as to when a visitor is no longer a visitor but now a resident.
It’s not so much about defining who is a resident and who isn’t, it’s about the owners corporation setting its own rules and regulations to cover the use of common property.
If I was moving into a block with visitor parking, which didn’t have a by-law defining what the owners felt was reasonable when it came to visitor parking, I would push very hard to have one created.
My bylaw would says something like:
Definition of “visitor” with regards to visitor parking:
This strata scheme defines bona fide visitor use of visitor parking to be
a) No more than two hours during the day and evening (9am to 9pm)
b) No more than 12 hours overnight, from 9pm to 9am.
c) Individuals who park their cars taking advantage of any period of overnight parking must not be parked in a visitor space before 9pm or after 9am.
d) Residents (including owners and tenants) may not use visitor parking at any time without written permission of the strata committee.
e) Residents may apply to the committee to temporaily alter theses restrictions but may only alter them with written permission.
f) Residents will be responsible for explaining these restrictions and are liable for any fines imposed due by-law breaches.
Now, obviously you could adjust those times to suit the views of the majority of your owners, but at least it gives you a framework to curb any current or future land grabs (becasue that’s what this is – taking common property for personal use).
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
Is there a binding explanation as to when a visitor is no longer a visitor but now a resident.
It’s not so much about defining who is a resident and who isn’t, it’s about the owners corporation setting its own rules and regulations to cover the use of common property.
If I was moving into a block with visitor parking, which didn’t have a by-law defining what the owners felt was reasonable when it came to visitor parking, I would push very hard to have one created.
My bylaw would says something like:
Definition of “visitor” with regards to visitor parking:
This strata scheme defines bona fide visitor use of visitor parking to be
- No more than two hours during the day and evening (9am to 9pm)
- No more than 12 hours overnight, from 9pm to 9am.
- Individual visitors who park their cars taking advantage of any period of overnight parking must not be parked in a visitor space before 9pm or after 9am on the same day.
- Residents (including owners and tenants) may not use visitor parking at any time without written permission of the strata committee.
- Residents may apply to the committee to temporarily alter these restrictions but may only alter them with written permission.
- Residents are responsible for explaining these restrictions to visitors and are liable for any fines imposed due by-law breaches.
Now, obviously you could adjust those times to suit the views of the majority of your owners, but at least it gives you a framework to curb any current or future land grabs (because that’s what this is – taking common property for personal use).
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.