I also live in a small villa complex of 5 units where occupiers of 3 of the units have taken up all five visitors car spaces to park their personal vehicles for many, many years, claiming there is plenty of parking space, including on street parking. They don’t seem concerned that the occupants of the other two units don’t have access to the visitors car spaces! After a couple of years trying to have several issues resolved through the Owners Corporation, including unapproved garage conversions to living space (no DA or OC applications made and in breach of the Development Consent), owners using visitors car spaces for the own vehicles (also in breach of the Development Consent), and storing personal belongings in the visitors car space, I have taken our owners corporation, represented by the Strata Committee, to NCAT; firstly through mediation now through a formal directions hearing, which is currently underway.
Our bylaws state residents are not to use visitors car spaces.
I have been called a bully, unneighbourly, accused of having a personal issue with residents; and the Chair implied I was a liar when I provided photographic evidence of the breach of the bylaws, claiming the photos weren’t taken on the day I said.
It’s very stressful to have to go to NCAT, but I have found that the Managing Agent has exacerbated our problems but not providing correct advice to the OC. Despite having motions to issue Notices to Comply on our AGM agenda, the OC voted not to take action. Our Managing Agent actually said if I didn’t like the decisions made by the OC I could go to NCAT. Frankly, the best approach is to go directly to the independent arbiter. It’s a small amount of money (as long as you don’t engage a lawyer) and in the long run you’ll save yourself a lot of angst.