#17904
Jimmy-T
Keymaster
Chat-starter

    G makes perfect sense and it does clarify the intent of the ‘with consent’ clause.

    I am disappointed, however, that Fair Trading didn’t come along with something a bit more positive than ‘you’re wrong – don’t do it’.

    If they were as hardline on people who park illegally, we wouldn’t need to stretch the laws to fit our circumstances.

    In any case, I still favour Beverley Hoskinson-Green’s view that if the law simply says, “with consent” and the Owners Corp genuinely feels they have been given consent by the acceptance of a by-law, then to Hell with the reason the phrase was put in there.  Let us clamp and be damned.

    The fact that G’s employer knowingly breaks the law but does so as an effective deterrent, is no different from an owner’s corporation bending the rules with informal arrangements that benefit the majority of by-law abiding owners.

    We have no interest in immobilising wrongly parked cars – but we do want the drivers to think hard befor they park where they shouldn’t.

    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.