Topic: Parked Cars encroaching partially on common property – FLAT CHAT

This topic has 13 replies, 6 voices, and was last updated 13 years, 8 months ago by .

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16/02/2012 at 9:09 am #7923 Reply | Quote
Mikey_z4
An owner or occupier of a lot must not park or stand any motor or other vehicle on common property except with the written approval of the owners’ corporation”

I have (yes I know, opportunistically) parked three cars in a two car spot in my building.As a result two of my cars encroach onto common property; dimensions of the encroachment are as follows:

Car 1 – 1m length X 1.7m width

Car 2 – 30cm length X 1.67m width

I have been served a notice to comply by the Body Corporate stating that I can be fined up to $550. Is this correct?

Also, the Managing Agent has signed the notice on behalf of the Body Corporate and affixed a seal but there are no other signatures. Is this notice valid? Or do I need to see signatures from two executive committee members?

I will write to the Body Corporate seeking written approval to continue parking my cars in the above fashion. If they refuse, are they obliged to give me a reason? I also wish to add that the common property I am encroaching upon is part of a space measuring approximately 13M by 13M – more than sufficient for any vehicle to turn around in with my cars parked as they are.

I am aware that the Body Corporate has the upper hand in this instance but I would just like to clarify what my rights are (if any).
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Reply To: Parked Cars encroaching partially on common property

PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.