[Terry]

Oh no. 

“May never see the light of day” so the Bampots will have us continuing to live in the dark ages. Bet the majority of the Bampots have less experience of living in apartment living, then the people lives they will deciding upon. 

Hoping the future looks bright

[Terry]

Looking for more information I found the Position paper for what is now being referred to as the Community Schemes Law Reform. You can download it as a PDF. Section 1.32 addresses unauthorised parking.

Of more interest was section 1.14 Require committee members to disclose any conflicts of interest in a matter to be considered by the committee.

“Failure to disclose conflicts of interest will be an offence under the Act and may result in a penalty.” That should resolve executive committee members making decisions to their own advantage and not the owners corporation.

 

[Terry]

Hi Jimmy and Kiwipaul

Thank you for your continuing guidance.

I have read the “STRATA SCHEMES MANAGEMENT ACT 1996 – SECT 138
General power of Adjudicator to make orders to settle disputes or rectify complaints” and can see that this route involves mediation then adjudication.

If I am to go this route I have to convince the Strata Manager that it is legal to have common property spaces allocated for motor bike parking, without being required to have the Strata Plan changed. The Strata manager has previously advised the Executive Committee that to change common property to a space for motor bike parking, that can be leased, must have the Strata Plan changed.

Jimmy in your first response to this post you stated “The strata manager is not only nitpicking but wrong. There would be no need to change the strata plan as the common property is not being sold, just leased.” Which government department can I contact to have that confirmed? So that I may also advise / refer the Strata Manager to.

Unless I can get the Strata Manager advised / on side with this legally, I suspect he will advise the Executive Committee that it is pointless in me asking for motions.
I expect that if I was to ask for motions and we get to the Adjudication stage and the Strata Manager was to state that what I was seeking was illegal without having the Strata Plan changed would not look favourable for my case. The old practice of ensuring I cross the T’s and dot the I’s to avoid being caught out on a legal / technical point.

In the Owners Corporation changing common property to another use, does this not breach the original building development consent?

This is why I thought the council intervention was warranted. Even more so know that I have since discovered and have photo proof that one of the committee members is also a constant car parker in visitor spots. Next call to the council will be what do they accept as currently breaching visitor spaces. Back in 2010 the committee decided that anything longer than 72 hours was a breach, however if the vehicle was moved during the 72 hours and subsequently back in a visitors spot that was not a breach.

Jimmy, Kiwipaul raises the question of how payment is to be received, how did your Owners Corporation resolve that for your building?

I suspect that for those given consent to park their motor bikes on the created / designated spots, they could set up an automatic payment. As my building has a building manager he would be able to monitor who has been given consent for motor bike parking and who should have notices to comply actioned if the building manager finds a motor bike without consent parked in the allocated spots.

Jimmy having taken your Parking Quiz and learnt that:
“The proposal is that Parking Inspectors will be able to enforce the by-laws of the building, including bans on parking on common property, parking over boundary lines and residents parking in visitor spaces. There is no connection between on-street parking restrictions and those inside strata schemes but non-resident could be pinged for parking longer than allowed by the building’s by-laws (if there are clear restrictions).”

It seems more appropriate now that we get the Executive Committee to step up to their responsibilities in making decisions for the benefit of the building and residents and not their own self interests. The willy nilly approach leaves to many issues unresolved.

Regards,
Terry

[Terry]

Hi Kiwi and Whale.

Thanks for your guidance.

Kiwi, I will have to do some research about who is to be found at either the GM or EC meeting as I am lead to believe that the perpetrators are the representatives at either a GM or EC meeting and could make up the majority.

Whale, It will be interesting to see what the council may state re any compliance, especially re manoeuvring. I have not formally advised the council, just been sounding out the Town Planning staff and speaking to a councillors office. Just hopeful this option may prove speedier and more productive than going to mediation then adjudication. Only really considered the council intervention, given the previous mention of it in posts. This may be a very good test case.

Unfortunately the by-laws do not make the distinction of consent relating to “a specific instance such as loading / unloading a vehicle and not a regular occurrence” Willy nilly prevails for anyone to just choose a common property spot they desire and no action to be taken.

I am also favouring Jimmy’s suggestion re seeking payment as I mentioned above.

Still exploring options, will come back to update once I decide which action to pursue.

Thanks and Regards,

Terry

[Terry]

Hi Paul

Thanks for your information. In speaking to the Strata Manager (Administrator) I told him I see his position as not being an enviable one, between keeping everyone happy, especially if there are executive members making decisions to their benefit. I am sure the Strata Manager probably has another building where the executive committee has given him direction to issue notices to comply, but his hands are tied at this building.

The same committee has previously given the Strata Manager direction to issue non compliance notices re a car previously parked in the same location as the motorbikes. 

Getting a motion passed via the OC, will be interesting. I may have to go proxy harvesting while the rules allow one person to hold more than 5%. Also with the executive members holding a voting entitlement I suspect greater than 25% the numbers may not work to getting pass the 75% in favour motion.

Maybe if I can as Jimmy mentioned above, have the parking of motorbikes be a source of income, a majority may vote in favour as lessening future strata fee increases. Money talks many languages and levels.

At the end of the day, I really do not want to have to run a campaign in a building to address the executive committee making decisions for the betterment of the building rather than their own self interest. That is why I was hoping the council big stick of compliance would be the easy option.

Is there anything which precludes members of an executive committee voting on issues which will profit them?

Council have indicated that they will investigate once I submit a notification of non compliance, although they can not recall a self notification for non compliance. The council staff have been sympathetic to the issue and have offered guidance.

I intend to do some further liaising with neighbours, friends and explore all options further.

Thanks and Regards,

Terry

[Terry]

Hi Jimmy

Thanks for your reply and guidance, greatly appreciated.

There is a by-law which does state that:

Parking on Common Property:
You must have consent from the owners corporation to park or stand a vehicle on common property.

So there is no actual by-law that forbids parking on common property, it grants it with consent. To date no individual has sought or been granted consent. Willy-nilly prevails.

The committee has decided that they do not intend to take any action as quoted from the last minutes “An e-mail from an owner was tabled at the meeting with regard to complaints about motorbikes parking on common property. The committee did not agree with the owner with regards to enforcement of the parking bylaws against residents with motorbikes unless the motorbikes were parked in a manner which was blocking residents from accessing their property or blocking the use of common property facilities. They deemed that the bikes the owner was referring to were parked far enough away from car spaces (some 5 metres or more) that residents amenity was not affected and resolved to take no action against these residents.”

So there is a by-law but no action is to be taken in the committees decision. As I mentioned in my first posting, it is suspected that two committee members are parking their motor bikes on common property at no charge, so doubt they want to enact a decision that would have them pay for parking, which they currently get for free.

I am happy to work with the committee in identifying appropriate common property spaces for lease, but do not feel as mentioned earlier, when it is committee members who are benefiting from the free parking that they are inclined to change. As such, that was why I was hopeful of the council compliance big stick being more effective than me having to take action via Fair Trading. 

So it seems the willy-nilly of parking on CP is going to continue, with the current committee members.

Jimmy do any of your contacts have any knowledge of a council directing a owners corporation to comply with the original Strata Plan / Development Authority / Development Approval?

Thanks and Regards,

Terry

[Author]

Replies