Somewhere in your by-laws there will be one about not damaging or otherwise affecting common property.
There may also be one about not parking on common property without written permission.
If nothing has been done in writing to this point, then you might start by getting your strata manager to warn the tenant, the agent and the landlord that they are in breach, detailing the relevant by-laws.
If that doesn’t do the trick (give them 14 days to move the car) then get your strata manager to issue a Notice to Comply for each of these alleged breaches and also send them a letter reminding them that by being in breach of the by-laws also means they are in breach of the standard statutory rental agreement and may be liable to be eviction as a result.
To be fair, as a general rule, tenants are even less knowledgeable about their rights and responsibilities than resident owners (and that’s not saying much). I’m not in favour of issuing warnings before you send a Notice to Comply (which is a warning) but in some cases you may need to explain the facts of strata life before you take action.
Do it all through the strata manager – that’s what they’re paid for and it reduces the element of personal conflict.
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.
- This reply was modified 4 months, 3 weeks ago by .