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[goingcrazy]

Hi all

I am new to the forum and I hope I am posting in the right place. My question falls across a number of topics so I felt this might be a good start – forgive me for newbie faux pas!

So. I am an owner in an inner city block of 30 or so units. Very old style, ugly, and for a long time very neglected. Over time new people have moved in & improvements are being made but the Executive committee appears to still be long time owners – people who have been happy to see the place fall apart. For example since purchasing Ive been slugged with a 3k special levy for pool repairs. Yes my fault, let the buyer beware.

The committee is very resistant to any kind of change. For example they are trying to push through a by law that says nobody can have anyone rent a room off them unless it is for at least six months. My response is that if someone wants to let out one of their rooms, it’s their business – airbnb or not, if someone lives in their unit it’s their business who comes and goes. It’s not the same as renting out empty units. (and what about flatmates etc?) How can anyone make that kind of a rule? that’s beyond airbnb…. surely?

So my main question – a number of owners who live at the back of the building park their cars in front of their garages. However those of us who live in the “front” of the building are “not allowed” to park our cars in front of our garages – apparently this ruins the look of the place.

On top of that, there are bollards placed on the grass in front of our garages – ostensibly to stop people parking on the grass, but stops many of us from getting our cars in and out of our garages without a 900 point turn.

So… at a meeting earlier in the year, our strata manager informed our grumpy executive committee that they cannot tell *some* people they are allowed to park their cars in front of their garages and tell others they cannot.

Today I got a letter from the executive complaining that my occasional parking of my car in front of my garage makes the building look ugly and to please park elsewhere.

What are my rights?

Any suggestions?

Thanks in advance

Goingcrazy.

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[Jimmy-T]

On the question of letting a room, Owners Corps can’t pass by-laws that a) conflict with superior laws and b) interfere with your “dealing” with your lot. This means they can ban short-stay lets of entire apartments (if the building’s zoning is residential only) but they can’t tell you what to do with rooms in your apartment (although new laws will allow OCs to set occupancy limits, provided the limit is no lower than two adults per bedroom).

So, in the first instance, point your committee in the direction of clause 49.1 of the strata Act. 

49   Restrictions on by-laws

(1) By-law cannot prevent dealing relating to lot
No by-law is capable of operating to prohibit or restrict the devolution of a lot or a transfer, lease, mortgage, or other dealing relating to a lot.

On the second point, take some pictures of committee members’ and other cars parked on common property then send them a polite letter inviting them to take you to Fair Trading mediation and then to NCAT so that you can all amicably resolve the issue by getting orders that NO owner can park on common property, including the owners of the following cars. Otherwise, they should stop harrassing you. 

Re the bollards, send a letter to the committee pointing out that the bollards have rendered the parking garage area unfit for purpose and they need to remedy this under their duty to maintain and repair common property.

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