mattb said
… so the ‘reasonable’ test is actually not to annexe common property from the use of all for the exclusive use of one, given the potential knock-on effects……I hope that this makes sense: honestly, if I were you, I would simply look around your car park to see if any owners do not consistently have a car in their car space (there’s always some in every scheme – especially in the city) and then approach that owner with an offer to lease it from them. You will be achieving exactly the same outcome with far less angst for all concerned…
Hi Mattb, thanks for the reply
Regarding knock-on effects specific to my case:
Building Insurance Cover – OC has investigated with insurer themselves 10 months ago and came back with no change in risk or cover. This resulted in their own lawyer stating in a submission to CTTT (in the context that i contravened standard by-law 2) that there was ‘no increased risk, harm or injury’ caused by my parking.
Fire Risk – the 3 parked cars are not adjacent and do not obstruct fire exits, fire hydrants or sprinklers. There are sprinklers scattered all over the parking area but strangely my space seems to have missed out.
Ventilation – 1 of the 3 parked cars is vintage and on NSW historic registration plates, which means it gets driven less than 12 times a year (sometimes less). The OC can get ventilation consultants in but its going to be apparent to any objective person (ie CTTT) that emissions and movements from this third car will have minimal impact on the ventilation of the parking area. Another of the 3 three vehicles will turn vintage shortly (ie be more than 30 years) and I also intend to put this car onto historic plates. The reality is that of these three cars, only one is being used as commuter transport, and really only on the weekend. Emissions and traffic generated by these three cars is minimal and everyone in the block knows this.
OHS – A consultant engaged by the OC came in to assess the whole building (while my 3 cars were parked there) and ended up drawing a whole lot of yellow lines all over the pillars and steps in the parking area. Funny they said zilch about the three cars, to the OC’s consternation. Apparently it posed no risk to other residents in their opinion.
Lastly, i have asked all owners with spare carspaces (and there are quite a few) and only one has semi-agreed to offer a carspace (i say semi-agreed, because so far she still hasnt been able to tell me a rental price or term, despite me asking her twice).
But i see her hesitation – her space is narrower (!) than the space my third car is currently in (but of course, longer – so there is no encroachment onto common property), and i dont see how if i park in her space we will both be able to open our doors without denting each others cars. But yes, she was kind enough to suggest an offer…
