#12867
Jimmy-T
Keymaster

    It strikes me there are three separate issues here. Firstly the “illegal” parking, secondly the 'leaching” and lastly (and leastly) the mysterious 'constitution'.  To dispose of that first, if it's not by the by-laws then it has no legal force (although it might be used to prove that certain things were accepted practice.)

    Secondly, there is the leaching – this is a responsibility of the Owners Corporation and any damage to a bona fide visitor's car, you would expect, would be the responsibility of the OC. Are your legal rights eradicated by parking illegally?  I don't think so.*

    Finally there's the question of parking there illegally (and let's assume that was the case, for the sake of argument).  Look at it this way, if any car had been parked there illegally and the OC tried to move it and damaged it in so doing, they would, I think, be liable.  The illegal parking and the damage done would seem to be two separate issues.

    I reckon the EC should be issuing you with a Notice To Comply on the one hand, an a cheque from their insurers on the other. And, by the way, they should be doing something about the leaching.

    *I am neither a lawyer nor a strata manager and I might be totally wrong on this.  So any professionals reading this – or anyone who has come across anything like it – please chip in and let us know what you think.

    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.