#15782
Jimmy-T
Keymaster

    Parking is a pain in the bum, isn’t it!  I’m reminded of the complex that couldn’t get the local council to patrol their access roads which meant commuters used their relatively narrow streets (all common property) as free parking while they travelled to work from a nearby station.  The problem was miraculously solved when a fire truck couldn’t get to a unit and the council was suddenly interested and sent parking wardens down on a regular basis.

    So your friend asking their local Firies to have a look wouldn’t go amiss. They might even issue a fire safety order.

    I don’t think the insurance issue is going to wash as the OC has no legal obligation to enforce by-laws (although some would argue they have a duty of care – but that has yet to be established legally, as far as I know).

    But your friend shouldn’t forget that, in the absence of their own EC taking action, any owner can go to Fair Trading and ask for a Notice To Comply to be issued. Presumably there is more than one resident sick of having to weave their way around parked cars so they could apply as a group.

    Perhaps stating the intention to take action at the AGM might persuade some of the rogue parkers it’s time to do the right thing.

    By the way, the person who uses their garage as a store room might be in breach of by-laws and planning approval.

    And, at the AGM, your friend should ask the people who stand for re-election to the EC why they are even on the committee if they have no intention of enforcing the by-laws.

    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.