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[alinka]

Hello

Could somebody advise, what can be done.

We have one owner in the building, who is repeatedly in breach of by-law, parking his car frequently in the visitor parking space.
In the past he already received several letters from the previous EC. Even two years ago, our then strata manager issued a notice to comply.
At the last AGM (2014) after breaking the by-law again, he promised not to do it in the future.

This person is now the Chairman of the newly elected EC with his two “buddies” who elected themselves, because of their higher unit entitlements.
This person since approx. 8 weeks is driving a new car. Within two weeks he was parking again this car twice in the visitor area. When some owners complained about it, the secretary wrote that the car was removed and is now parked on the street.
We asked the EC to implement a penalty, because it is obvious that this owner is not willing to comply with the by-law and is doing it over and over again.
After our request, we were advised by the strata manager that the car in question, apparently was a visitor car. We asked for a proof, because our argument was, that the unit owner is driving the car constantly and the car is parked most of the time on our street. (He is using his garage as a storage). If it would be a genuine visitor, the car would not need to be removed as it was done after our request to implement the penalty.
Today we received an email from the chairman (the offender), who wrote in the name of the EC that the case has been investigated and no further action will be taken by the EC. In the same email, I was threatened, if I will continue to harass the individual EC members with my emails, the EC will refer the matter to the police.
Despite that we asked the EC for a proof that this car doesn’t belong to the offender, we are receiving emails from our strata manager that the offender (Chairman) assured him that a visitor was parking there and therefore he (The strata manager) can’t do anything.

Can somebody advise, how can we find out, who the owner of this vehicle is? We already contacted the police and RTA. Both authorities advised that it is a privacy act and they can’t give us the information.

We are certain this car belongs to the chairman, he is driving it all the time and nobody else. Despite this, he is claiming, it is a visitor car.
The chairman is misusing his position, not only on this, but in different areas as well and we would like to stop it.
The strata manager is not helping and the EC is protecting him.
Please advise what can be done to stop this repeated offence, so he finally will get the message to obey the by-laws.

Thank you.
Alinka

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[kiwipaul]

Your only choice is to start proceeding at NCAT against him personally because only the EC or Strata can issue a Notice to Comply.

This involves going to conciliation and then adjudication and cost around $200. It doesn’t matter who owns the car just that it is driven by an occupier who stays overnight on a regular basis.

Take photos (date stamped if possible) of the car in the Visitor parking bay and parked outside over a 7 day period and then randomly to show it’s not an isolated incident. If you can obtain a photo of him getting out of the drivers seat even better.

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[alinka]

Thank you Kiwipaul for your advise.

alinka

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