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[cate]

hello all, some,advice please i live in wa,when owners claim visitors parking bays for there personel use , even installing roller doors to deny access, badly run complex with no bylaws, who do i take to S A T , the owner, strata manager, the commitee,strata company? even landgate will not tell me.thankyou for any replies.

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[kiwipaul]

I’m not to familiar with the legislation in WA but as a general rule you should take action against the Strata (owners corporation) for allowing owners to seize common property without permission and deny other owners use of said areas.

Their is generally a requirement in the Development Approval (DA) for a certain no of Visitor Parking bays and so even if the Strata wanted to use the bays for some other purpose they would require council approve before they could.

Legal action at the WA equivalent of NCAT would at least get the roller doors removed and force the resident not to use the visitor parking bays for their own vehicles.

Action against the SM is a waste of time as they are employed by the Strata and have no powers to make decisions without the approval of the strata, same apples to the Strata Company. You could take action against individual owners for stealing common property as an alternative.

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[Jimmy-T]

@kiwipaul said:

Action against the SM is a waste of time as they are employed by the Strata and have no powers to make decisions without the approval of the strata, same apples to the Strata Company. 

While you a re right about the strtata manager, the “Strata Company” is the name given in WA to the Owners Corporation or Body Corporate, so you are arguing against yourself.  

THIS (click here) excellent factsheet published by Ace Strata Management says: If the dispute is over a by-law, the Strata Company can issue a written notice to the recalcitrant tenant/owner. If the notice is not action[ed], the Strata Company may them impose fines through the state-based tribunal, Office of Fair Trading or consumer affairs bureau.

It goes on to describe how you can take action against an owner and/or the Strata Company at the State Legislative Tribunal for failure to abide by by-laws.

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

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[cate]

hello everybody, my 1st post on page 8 of common property involving visitors parking bays.an update, after 19 months of argueing this issue has still not been resolved.which just goes to show that even after strata lawyers, shire councils,and advice from this forum saying this cannot happen, it can happen if some owners and real estate agents are big enough bullyies.our ec is weak and have no interest in the complex.so you can steal common property and keep it , and sell it with immunity,this complex is 30 years old and has never been run right, and never will. you will find that most strata complexs are run on personalities and not by the proper laws and procedures.this will be my last post as i have sold up,thankyou for all of the good advice.but strata buyers do investagate the complex with vigour before signing on the dotted line. and see it in writing before believing it , thankyou.

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