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Hi there,

We are in a similar situation to a lot of posters on this forum, with the problem of people parking on common property. We own a place in a block of apartments. The complex has a row of garages each with “common property” out the front (used to access them). The standard has been set amongst renters who are too lazy to open their lock up garage doors, to just park out the front of their garage.

Now, normally this would not bother us, but of course we are at the end next to a brick wall, and when the tenants (who use the garage next to ours), park in front of their garage, is severely restricts access into our garage, making it next to impossible to get in/out.

We have asked them nicely not to park there since we have a big car and cannot get in, but they basically say tough luck and that they will move their car each time if we need to get in/out. Obviously this is not on and against the by-laws (that are clearly stated), so my question is rather simple, though please excuse my naivety as to how to deal with things like this:

What are the correct steps of action required to get this to stop?! Who do we need to contact to make it official, do we need other owners to sign something as witnesses? The only way I can see it stopping, is if they are threatened to be evicted via an “official” warning.

thanks a lot for your help!

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Jimmy / Mt Strata –

Thanks again for your helpful advice!  We will take the suggested action.

You raise a valid point about the EC – and indeed we believe that is the reason why a number of them will not “approve” the decision to issue the Notice. Interestingly, they didn’t “disapprove”, they just chose not to reply. I wonder if this can count as an approval by omission..?

In any case, looks like Fair Trading is the next logical step. Thanks, and I may be back pending the results 🙂

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[Billen Ben]

Mr Strata said:

 

The issue you have is that if the ec are to enforce compliance with this by-law for one resident then they will need to take the same stance for all.

I really like this comment because we have a by-law in a large strata that possibly only 2 owners actually comply with. In the past the EC has occasionally sent a notice to comply relating to a breach but it has very much depended on who is complaining and who is the complaint against.

At the recent AGM the OC refused to delete the by-law thus indicating it is something they want to live under. Everyday there would be over 100 breaches of the by-law. It is a speed by-law.

So we have a by-law that virtually no one respect but the OC will not delete and it is a by-law that is selectively enforced.

Any suggestions?

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