Re: EC members parking motorbikes on common property.

Hi Jimmy and Kiwipaul

Thank you for your continuing guidance.

I have read the “STRATA SCHEMES MANAGEMENT ACT 1996 – SECT 138
General power of Adjudicator to make orders to settle disputes or rectify complaints” and can see that this route involves mediation then adjudication.

If I am to go this route I have to convince the Strata Manager that it is legal to have common property spaces allocated for motor bike parking, without being required to have the Strata Plan changed. The Strata manager has previously advised the Executive Committee that to change common property to a space for motor bike parking, that can be leased, must have the Strata Plan changed.

Jimmy in your first response to this post you stated “The strata manager is not only nitpicking but wrong. There would be no need to change the strata plan as the common property is not being sold, just leased.” Which government department can I contact to have that confirmed? So that I may also advise / refer the Strata Manager to.

Unless I can get the Strata Manager advised / on side with this legally, I suspect he will advise the Executive Committee that it is pointless in me asking for motions.
I expect that if I was to ask for motions and we get to the Adjudication stage and the Strata Manager was to state that what I was seeking was illegal without having the Strata Plan changed would not look favourable for my case. The old practice of ensuring I cross the T’s and dot the I’s to avoid being caught out on a legal / technical point.

In the Owners Corporation changing common property to another use, does this not breach the original building development consent?

This is why I thought the council intervention was warranted. Even more so know that I have since discovered and have photo proof that one of the committee members is also a constant car parker in visitor spots. Next call to the council will be what do they accept as currently breaching visitor spaces. Back in 2010 the committee decided that anything longer than 72 hours was a breach, however if the vehicle was moved during the 72 hours and subsequently back in a visitors spot that was not a breach.

Jimmy, Kiwipaul raises the question of how payment is to be received, how did your Owners Corporation resolve that for your building?

I suspect that for those given consent to park their motor bikes on the created / designated spots, they could set up an automatic payment. As my building has a building manager he would be able to monitor who has been given consent for motor bike parking and who should have notices to comply actioned if the building manager finds a motor bike without consent parked in the allocated spots.

Jimmy having taken your Parking Quiz and learnt that:
“The proposal is that Parking Inspectors will be able to enforce the by-laws of the building, including bans on parking on common property, parking over boundary lines and residents parking in visitor spaces. There is no connection between on-street parking restrictions and those inside strata schemes but non-resident could be pinged for parking longer than allowed by the building’s by-laws (if there are clear restrictions).”

It seems more appropriate now that we get the Executive Committee to step up to their responsibilities in making decisions for the benefit of the building and residents and not their own self interests. The willy nilly approach leaves to many issues unresolved.

Regards,
Terry