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[Vulk]

 Hi All,

            I’m looking for advice. The commercial tenant, a restaurant, in our building has fenced off part of our car-park to store empty boxes and alcohol. They did this without permission.

The strata committee believes the restaurant should be allowed special permissions because they are a commercial property and has allowed them to keep their structure without a bylaw.

Our strata manager is dis-interested as is often the case with maintenance / safety issues. We have had many issues with this company but that is for another day. 

I’m concerned, the uncrushed boxes are fire hazard primarily. Secondly a piece of common property has been given away.   

What are my options? I’m happy to pay for legal advice. I’m just not sure where to go.

 

Thanks for your time

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[Sir Humphrey]

As a pedant, I suggest that the managing agent is not disinterested, even if they are uninterested. Perhaps you need to point out the distinction to them! However, the responsibility ultimately lands with the committee, unless over-ruled but a decision of a general meeting. 

If the carpark is common property, and exclusive use of part of the common property is being given to one owner, then there is certainly a process required for that. The details of the process and who can exercise it depend on the state. If it is not a ‘minor use’ of common property, it requires a general meeting resolution anywhere.

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[Vulk]

Thanks for the reply Peter. I know grammar isn’t the best.

I’ll work on the committee.

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[Author]

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