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We have a similar issue in that our development consent, which is dated December 1977, states that our block of 5 townhouses, each with an attached garage, is to have provision for 10 car spaces, five of which are to be available at “all times” for visitors and services vehicles.
However, two of the owners converted their garages to living spaces (one 12 months ago, and the other about 7 years ago) neither submitting applications to the Owners Corporation for consideration, or to the local council for DA approval. These owners/tenants park their vehicles in the visitors car spaces, permanently blocking access to 2 of the 5 visitors car spaces, and they store their personal belongings (surfboards, prams, buildings equipment, garbage bins and bikes) in a third visitors car space which leaves only 2 spaces available for visitors. The owner who converted his garage 7 years ago is claiming that he can park in the visitors car spaces (he takes up 2 as he parks in front of his garage which blocks access to the 2 visitors car spaces) as he’s been doing it for 20 years. At the recent AGM, the Managing Agent at least advised him that he has been breaching the bylaws for 20 years!
Over the last 12 months I regularly sought advice from our Managing Agent on the three related issues without any success and despite having the issues on the agenda for the recent AGM, including proposing that, for the sake of fairness, we create a special bylaw to give exclusive use to one visitors car space per unit, the 3 owners who are the instigators of the above actions colluded to have the issues not considered further, except for the removal of personal items from common property. As this has not happened, I requested the Managing Agent take action to have the belongings removed. The Managing Agent has advised that they cannot take action unless authorised by the Executive Committee who have not followed up on the resolution from the AGM.
Can anyway confirm or advise if the Managing Agent has delegation to take action if the EC does not, as the OC had agreed at the AGM that action would be taken?
Regarding the visitors car spaces, the Office of Fair Trading has advised that I lodge a complaint against the Owners Corporation as it is failing to ensure owners/tenants adhere to the bylaws, while that does include me, it appears it may be my only course of action as I do not have the necessary support to get the Managing Agent to issue compliance notes. I have decided to delay lodging a complaint with the NCAT regarding the visitors car parking issue as I have lodged a complaint with the Council regarding the illegal garage conversions (this was suggested by the Office of Fair Trading). I’m hopeful that in Council’s review, which includes referring to the approved development consent, that the issue of the visitors car spaces will be resolved.
It is not very pleasant to be in dispute with your neighbours, however, sometimes there is no other choice!