Re: EC members parking motorbikes on common property.

Hi Jimmy

Thanks for your reply and guidance, greatly appreciated.

There is a by-law which does state that:

Parking on Common Property:
You must have consent from the owners corporation to park or stand a vehicle on common property.

So there is no actual by-law that forbids parking on common property, it grants it with consent. To date no individual has sought or been granted consent. Willy-nilly prevails.

The committee has decided that they do not intend to take any action as quoted from the last minutes “An e-mail from an owner was tabled at the meeting with regard to complaints about motorbikes parking on common property. The committee did not agree with the owner with regards to enforcement of the parking bylaws against residents with motorbikes unless the motorbikes were parked in a manner which was blocking residents from accessing their property or blocking the use of common property facilities. They deemed that the bikes the owner was referring to were parked far enough away from car spaces (some 5 metres or more) that residents amenity was not affected and resolved to take no action against these residents.”

So there is a by-law but no action is to be taken in the committees decision. As I mentioned in my first posting, it is suspected that two committee members are parking their motor bikes on common property at no charge, so doubt they want to enact a decision that would have them pay for parking, which they currently get for free.

I am happy to work with the committee in identifying appropriate common property spaces for lease, but do not feel as mentioned earlier, when it is committee members who are benefiting from the free parking that they are inclined to change. As such, that was why I was hopeful of the council compliance big stick being more effective than me having to take action via Fair Trading. 

So it seems the willy-nilly of parking on CP is going to continue, with the current committee members.

Jimmy do any of your contacts have any knowledge of a council directing a owners corporation to comply with the original Strata Plan / Development Authority / Development Approval?

Thanks and Regards,

Terry