› Flat Chat Strata Forum › Parking Peeves › Parking space capacity › Current Page
Hi Whale – I did not reply to kiwipaul because I thought his questions were directed towards Lyn Thorpe – she is the one with the two disabled spaces
However, I will respond to your comment about the body corporate I’m part of who are allegedly so “upset” they won’t consider “(my) overtures about exclusive use, payment, or anything else.”
I will assume you are not part of my body corporate. 12 months ago, I did write to the strata manager requesting written permission to park encroaching on common property, and offered to pay a market value for the encroachment.
These requests were met with silence. No discussion or vote has ever occured at any AGMs, EGMs or ECMs during that time. Instead the body corporate has persisted in pursuing legal representation rather than engage in dialogue with me.
The common property in question (13M X 13M) is shared by 3 lot owners.
I find at the first round of adjudication that one of these lot owners alleges that she has difficulty parking her car due to my encroachment.
I tender photographic evidence showing that this is an untruth. My parking encroachment in no way affects her access to her carspace, whether backing in or going in head-first. If she were to come anywhere near my vehicles, she would be in such a position she could not even access her carspace, let alone exit the common property without doing another three point turn.
The other lot owner who also uses this common property has said to me she is also completely unaffected by my parking encroachment, but being new to the block, and already engaged in her own dispute with the body corporate (now solved) she is hesitant to exacerbate matters further as she is in the midst of a renovation.
I assume that if a resident were to ask for written permission, offer to pay rent, and be completely ignored, in the last resort if that resident were to ask for a by-law (allowing parking encroachment onto common property) to be implemented by an adjudicator under s158, it could be argued that the body corporate has acted “unreasonably”.
Just because the body corporate is “upset”, this does not give them the right to ignore written requests et.al. and claim they are “not interested”.
I know from reading in the press that there are calls to limit the number of residents in a strata bedroom. I understand that there are fire hazard and hygene issues at stake.
I believe that parking 3 cars in a 2 car space do not countenance these same issues.
Someone in the block has said my parking ‘looks messy’. What does this mean? The cars are parked straight and are immaculate.
And then … these same people in the block regularly park across their own yellow lines, store fertiliser bags and a ladder in their space etc. and none of these people are pulled up on their behaviour. I for one dont care – they are doing no harm to anyone else in the block so its noone’s business but their own.
If I am not causing anyone any harm, and I am willing to contribute financially towards the body corporate for the parking encroachment, what are the body corporate achieving in fighting me except spending a whole bundle on lawyer’s fees (which I dont believe is an achievement)? I wonder if this same lawyer has also warned them that whatever orders the adjudicator makes has a validity of only two years from date of service …
I am deriving utility and benefiting from the parking arrangement, and the body corporate is not losing anything material, objective, significant or quantifiable, and instead stands to benefit if they accept payment of a rental.