Retail tenant vs residential tenant

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  • 16/02/2011 at 6:10 pm #7246 Reply | Quote
    Anonymous

      Hi,
      I have a question regarding the visitors car park in out strata building. I understand tenants are allowed to let friends, mates and family members that are visiting them park in the visitors car park. With saying that I am referring to residential tenants. Is this the same when it comes to retail tenants. We only have one visitors car park and it’s sometimes used by the cafe as they allow their friends to park there. Should this be allowed? If so, I’m guessing that this would also mean the cafe “could” allow their customers park there if they felt fit to do so. We are lucky that the cafe does not let their customers park there as it’s a secured parking lot (only accessed by remote key entry).
      So my question is…..is the rule for parking in the visitors car park different if your a retail resident or a residential resident?
      Thanks.

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    • 16/02/2011 at 6:44 pm #12465 Reply
      Jimmy-T
      Keymaster

        That’s specifically NOT allowed by the by-laws of my building. But each building potentially has different by-laws. Have a look at yours – the answer may already be there.

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        17/02/2011 at 7:59 am #12467 Reply
        Simone

          Designated visitors parking areas generally result from one of two sources –

          1. Local council requirements as one of the conditions of the development approval, or

          2. A designated area of common property for visitors parking passed by the owners corporation under a section 47 by-law.

          JimmyT is correct – your by-laws may specify whether the visitors parking area is for visitors and invitees of residents or retail tenants. 

          The owners corporation can pass and enforce a by-law restricting the use of the designated visitors parking area, define the meaning of visitors and include enforcement provisions to avoid contravention.

          For an information sheet on this topic, please email me: simone@teyslawyers.com.au

          Kind regards,

          Simone Balsara
          Lawyer

          TEYS Lawyers
          The Strata Law Experts
          02 9562 6500
          https://www.teyslawyers.com.au

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        Reply To: Retail tenant vs residential tenant
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