@JimmyT said:
@Fgc said:
The exact wording is “must not obstruct lawful use of common property”. I don’t think it needs to be a passageway per se, but if it were to get to the tribunal (it won’t), the first question they’re likely to ask is – if it’s causing an obstruction – why has there been no complaint for three years? And what is the lawful use of the common property that it is obstructing?I think any half-decent lawyer would argue that a lawful use of common property involves it being kept clear.
I think you may have to bite the bullet here and say that as soon as the strata committee provides a secure and easily accessible bike room, you will use it.
Then define what you mean by “secure” and ask that the bike room regularly reviews the usage and removes abandoned bikes so that it doesn’t become a bike dump. For that, by-laws will have to be written and passed and that will give you roughly another year of “informal” parking.
Be reasonable but determined at every stage. How’s that for a compromise?
You’re probably right, but of course the argument wouldn’t be prosecuted by a half-decent lawyer, but by somebody from the Strata management company, who have shown themselves at every stage to be breathtakingly incompetent and completely ignorant of the law.
Anyway I’d be perfectly happy to lock my bikes up in the store room if there was anywhere to secure them.
The EC won’t do anything to provide secure storage, they’ll just threaten me with removing my bikes. What powers do they have to do so without a change to the by-laws?