@struggler said:Should there be an exclusive use clause for each unit and their respective parker? Should there be a risk assessment done to investigate the access to residents and emergency services vehicles (there has already been an accident where a car navigating the obstacle course of cars down the driveway has hit one)? Or can these owners get to increase their parking, despite limiting access for others? Not every unit has the space to allow cars parked in front of garages. To do so would block others getting in and out of their garages or parking in the driveway.
Hi Struggler,
My response is to situations where parking on common property is tolerated in our small complex. While is appears different to the issue you have I make the following comments that, I believe, when interpreting by-laws a ‘common sense’ or ‘what is the nuisance’ approach is often best used.
Regarding the questions/comments you ask/make:
1. Should there be a risk assessment done to investigate the access to residents and emergency services vehicles. My view is yes.
2. can these owners get to increase their parking, despite limiting access for others. No
3. Not every unit has the space to allow cars parked in front of garages. To do so would block others getting in and out of their garages or parking in the driveway. If a unit has the space to allow cars parked in front of their own garage and it does’t block others is it tolerated?
I know enforcement of the rule “No parking by anyone” is clear cut but it is not always that simple. In our complex there are a couple of units where occupiers can park directly outside their garage and this does not disadvantage or restrict others of access to their garages. Despite this occupiers of units where parking outside their garage would hinder access by other occupiers sometimes complain that as they can’t park on the common property directly outside their garage no one else should be able to do so. I find this view a bit selfish. Sometimes there are natural consequences of buying a unit in a certain location be those conseqences, view, noise or parking.