#58721
Jimmy-T
Keymaster

    Given the long-term impact of this on your amenity, not to mention the value of your property, I think this may be worth taking to CAV with a view to escalating it to a claim at VCAT.

    And while the council may say that S173 doesn’t apply to common property, it would be a valuable standard to use in an argument against the common property being hived off in this way.

    Also, your scheme would have been given planning permission based on a certain number of parking spaces.  This is a change of use (I think) which may well need planning approval which it might not get. Another call to your council may be in order.

    Someone may have a better idea but in your shoes I would immediately send an application to your OC asking that the space immediately be deemed a permanent no-parking area, based on the need for a safe turning area and your loss of amenity due to rogue and random parking.

    When they refuse (and they will) you can then take it to CAV and VCAT where, one would hope, common sense, fairness and logic will prevail and orders can be issued to that effect.

    Just keep to the forefront of your thoughts that this is a lazy land-grab which benefits one owner and negatively affects only you which is why your neighbours won’t care.  And again, don’t hesitate to tell them that all the talk of visitor parking is nonsense – it’s about giving free parking in a turning area to one owner.

    Here are the links to CAV and VCAT.

     

    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.