#15945
Jimmy-T
Keymaster

    Austman said:

    Controlling general security and resident behaviour is one thing.  And if a non-resident caused problems there would be a case to take action against them. 

    How does an Owners Corp take action against non-residents?  It’s hard enough enforcing by-laws against those who are supposed to be bound by them. Non-resident carpark lessees have probably signed nothing and even if they had it would have no legal  effect and carry no conceivable sanctions.  One of the problems in many open complexes (especially near rail stations) is non-residents parking illegally on common property where the local council parking wardens say “not our problem” and the Owners Corp has no comeback because they aren’t allowed to clamp or tow.

    But, to reiterate, maintaining security is the ‘excuse’ some buildings might use for excluding non-resident parking – it need not necessarily be the actual problem that they are concerned about.

    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.