Hi, all these parking issues has me thinking, is there a difference between a “non owner, non resident” parking a car on a Strata Property or Private Property . thanks
The issue of non-resident car space owners has made it all the way to the Supreme and Appeals courts, as this story and this follow-up illustrate.
The problem with the non-owner, non-resident arises when a non-resident car space owner rents the space to another non-resident. Not sure if m’learned friends have topped up their super funds on that one yet.
The most common, non-resident, non-owner is the rogue parker who knows that there’s not very much we can do about people who park illicitly in strata schemes (usually because they are convenient to their work or train stations).
As non-residents, they can’t be sent Notices To Comply and, since our laws on the protection of cars dates back to the days when you could be hung for stealing someone’s horse, they are offered a ridiculous level of protection.
The responses therefore tend to be either to increase security of access to the building or something informal like blocking them in (illegal), vandalising the car (very illegal), letting down tyres (dangerous and illegal) or issuing an implied threat such as the polite “don’t park here again” note held in place on the bonnet by a house brick.
Oh, and I just re-read your question. If a non-resident parks on private property – like your driveway – that is trespass and you can call the police and they will have the car removed. If it’s on common property, the police will say it’s not their problem because strata owners don’t count (well, they don’t say that but you can tell they’re thinking it).