Forums Common Property Busting a bike ban Current Page

#30092
Fgc
Flatchatter

    @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.