› Flat Chat Strata Forum › Parking Peeves › Parking in a resident parking space › Current Page
I haven’t figured out how to do partial quotes yet, so I’ll just answer in plain text.
Because of the covenant in the Act, action can be taken against tenants in the same way as against owners, namely by the issue of a Notice To Comply stating the By-Law which has allegedly been breached.
It would be far better if the standard lease did contain a clause requiring compliance with the By-Laws and a copy the current By-Laws was attached to the lease, but I note that the Minister hasn’t indicated that changes to the Residential Tenancy Act will be made consistent with upcoming changes to the Strata Schemes Management Act.
The EC/OC/SM will usually supply a copy of the By-Laws if asked, but if a new resident (owner or tenant) demands a copy from those who don’t actually have the legal responsibility to provide it when his own “side” has failed in their legal responsibility to do so, and threatens to continue behaviour which he has already been told (correctly or incorrectly) is “wrong”, then that will just get up the EC/OC/SM’s nose.
Kiwipaul, I’ve noticed from your other posts that you’re very much a “letter of the law” man. If it’s the law (or By-Law) then it’s to be obeyed. If it’s not law, you have the freedom to do what you like.
I’m saying not every possible scenario or way of breaching a scenario can be covered with By-Laws. Harmonious living in a strata scheme also depends on civility, manners and consideration for other people.
Plasteck says this is about “how often the car is used” and he’s probably right.
Let’s do some mathematics even though we have no numbers.
If there were enough resident overflow spaces for every lot to have one, then the developer would have allocated them out so he could get more money. Conclusion, there are less spaces than one per lot. Implication, they are to be shared by residents. Enter the concept of “hogging”, another word which is subjective and impossible to define in By-Laws.
Right or wrong, Plasteck has been perceived to be “hogging”.
One thing he could do would be to move his car every day to a visibly different spot. That’s if vacant parking spots are as abundant as he says. From the EC/OC/SM’s reaction, I suspect they’re not.