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  • #12129 Reply | Quote
    curramore
    Flatchatter

      A renter in our complex of 12 illegally uses guest parking to park his work vehicle in, this issue has been brought up with the Strata management which is supposedly reporting it to the Units managing agent. recently it has been observed that the tenants son aged approxiamately 14 is driving his fathers work vehicle around the common property. Will this be covered by the complex insurance if damage is caused to one of the town houses?

    Viewing 6 replies - 1 through 6 (of 6 total)
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    • #31029 Reply
      scotlandx
      Flatchatter

        The best way to find out is to ask the insurance company – if a 14 year old is driving a vehicle on the common property and smashes into something will you pay for the damage?

        You can then give their response to the landlord of the tenant and demand he take appropriate action.

        #31030 Reply
        Jimmy-T
        Keymaster

          The tenant should be getting official Notices To Comply on both the parking and behaviour on common property (14-year-old driving).  These can lead to fines.

          They should also be reminded that breaching by-laws is a breach of their lease which could lead to them being evicted by their landlord.

          Contacting managing agents about this kind of thing is usually a complete waste of time.  You don’t need to send warnings … a Notice To Comply is a warning.

          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.
          #31069 Reply
          curramore
          Flatchatter
          Chat-starter

            This was our strata managements reply

            Unfortunately, this is not a breach of a strata by-law and is out of our jurisdiction, however I will notify the property agent and ask if they can act on their end.

            I would suggest that if you witness this in future to contact the police.

            In relation to the buildings insurance, if an incident occurred, the building insurance would still cover for any accidently damage.

             Meanwhile the tenants are laughing at us

            #31070 Reply
            Jimmy-T
            Keymaster

              Your strata manager should be issuing notices to comply directly to the tenants.  Dealing with rental agents is a complete waste of time as there is nothing it it for them.

              Also, if need be you may need a new by-law covering behaviour on common property and perhaps another covering parking on common property.

              Oh, and you might want to start looking for a new strata manager too.  If they don’t want to do their job, find another one who does.

              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.
              #31073 Reply
              Sir Humphrey
              Flatchatter

                @curramore said:
                This was our strata managements reply

                Unfortunately, this is not a breach of a strata by-law and is out of our jurisdiction…

                With a bit of imagination (well, not much really), I am sure it would be in breach of a by-law. In the ACT, where I am, default rule 5 states:

                “Use of common property – A unit owner must not use the common property, or permit it to be used, to interfere unreasonably with the use and enjoyment of the common property by an owner, occupier or user of another unit.”

                I am sure all other jurisdictions would have something similarly generic to cover anything unreasonable but unanticipated on common property. Unexpected vehicle movements on common property by a 14 year interferes unreasonably with any residents reasonable expectations about safe use of common property. The 14 year old parent is permitting this and would be in breach in the ACT. 

                 

                #31074 Reply
                curramore
                Flatchatter
                Chat-starter

                  I rang the police as per advice from strata management and they said they would only come out if an accident occurred which is understandable. Now in the process of looking at other Strata management firms

                Viewing 6 replies - 1 through 6 (of 6 total)
                Reply To: Driving on Common Property
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