#26064
Jimmy-T
Keymaster


    @lefty
    said:
    Thanks, Jimmy, for your reply in your Xmas haze! I would be interested to hear if there is actual legislation dealing with use of a garage.  

    OK, the legislation I found simply says that utility lots may not be used for occupation.

    However, storage of goods in garages may have an impact on the lot owners home and contents insurance (they are probably not covered) and the strata insurance (they may be an additional hazard and obstruct fire safety installations like sprinklers).  If they cause strata insurance to be increased, you can charge the lot owner for the added premium. 

    Most significantly, councils include parking allocations as part of their development applications in line with Roads and Maritime Services guidelines which take into account traffic flows to, from and around strata schemes and other developments. The general thrust of their guidelines is to get cars off the street and into the development, if at all possible.

    So the issue here is whatever it says in your DA and if the garages are designated for cars, that’s what they must be used for or you risk having council inspectors coming round and ordering you to clear out the garage. This is the same principle that means you can’t re-allocate visitor parking to individual owners. You would be in breach of your DA.

    So, in this case, if chummy gets bolshie and wants to exercise his “right” to park on common property, ask him if he has council permission for the change of use of the garage from how it is designated on the plan.  And point out that there may be insurance issues for him personally and for the owners corp.  That should put his gas on a peep.

    By the way, the SC’s approval of the use of common property for extra parking complies with the RMS ambition to keep cars off the street but may breach its targets for the number of cars per dwelling.

    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.