Forums Common Property Busting a bike ban Current Page

#30095
Jimmy-T
Keymaster

    @Fgc said:

    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?

    I think any half-decent lawyer would argue that a lawful use of common property involves it being kept clear.

    I think you may have to bite the bullet here and say that as soon as the strata committee provides a secure and easily accessible bike room, you will use it.

    Then define what you mean by “secure” and ask that the bike room regularly reviews the usage and removes abandoned bikes so that it doesn’t become a bike dump.  For that, by-laws will have to be written and passed and that will give you roughly another year of “informal” parking.

    Be reasonable but determined at every stage.  How’s that for a compromise?

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