› Flat Chat Strata Forum › Parking Peeves › Parking re-assigned › Current Page
I think you have to go back to square one on this. Passing an exclusive use by-law retrospectively, to allow limited use, would have been pointless as your DA clearly allows for a certain number of visitor parking spots. Any by-law that tried to change that would not stand as by-laws can’t be in contravention of superior laws (like planning laws).
Your strata manager is absolutely right and I would be telling the rogue parkers (or parking thieves, as I call them) a few facts of life.
1. They have converted garages into dwellings without planning permission or permission of the Owners Corp. This is illegal and they could be ordered to return them to their previous state.
2. They have taken over visitor parking illegally and obstructed other spaces, again illegally. They could face orders and fines from NCAT.
So tell them that 20 years ago was another century and things are different now – people who live is strata expect everyone else to obey the law.
They want to have their illegal cake and eat it but this has to stop. If they don’t start acting like good and reasonable members of the community, you (and hopefully other owners) will:
- take action at NCAT to compel them the Owners Corp to issue Notices To Comply and seek orders and
- inform council about illegal change of use.
- Apply to NCAT to have a strata manager appointed to take over the running of the scheme because of their flagrant disregard for strata law and planning laws.
Now, what these land-grabbers can or will do is entirely another issue but if they say “we have always done this …” let them see how that stands at NCAT and at the Land and Environment Court when council orders them to return their garages to their intended use.
In other words – move the cars or lose the illegal extensions to their homes. They have stolen common property to allow them to expand their homes at everyone else’s expense. I would have zero sympathy for them. They’ve had a good run for 20 years – it’s time to put things back the way they should be.
By the way, taking action against your own Owners Corp is far from unusual – and there are mechanisms to ensure that you don’t have to pay a share of their fines and legal costs.