› Flat Chat Strata Forum › Parking Peeves › Several residents breaking bylaws but only one is a problem › Current Page
@Austman said:
It can be a tricky situation because OC/BCs must treat all residents fairly which usually means equally. So it becomes an “all or none” situation.
I’m afraid I disagree and I think that’s a fundamental error we often make in strata – equating equality with fairness.
It would not be fair to the people who can’t get round the 4WD to allow everybody to park on common property and it wouldn’t be fair to the people who don’t cause an obstruction (or steal visitor parking … or refuse to move their vehicle) to prevent them from doing something that does no one else any harm.
That’s why I suggested using the by-law if it exists in that scheme (the model one is below). There is nothing that says if one owner is given permission then all the others must too.
The committee can give permission and if the common property blocking owner feels they have been treated unfairly, they can argue that point at the Tribunal when the Owners Corp pursues them for fines.
The committee can also withdraw permission if it’s not working out. Strata law is meant to be flexible to some extent to allow us all a bit of wriggle room so we can make the compromises required just to get along together.
It’s also intended to be rigid enough to deal with residents who are just selfish and make life difficult for other owners.
I think if every opportunity has been given to the parking thieves to do the right thing and they have refused, then they will have a tough time arguing their case (although there’s no guarantee that a smart lawyer and a dimwitted Tribunal member might have that rescinded).
But I don’t think the concept of treating residents or owners equally figures anywhere in the Act or Regulations. I also don’t believe in pandering to residents who refuse to understand or obey the rules, then demand their rigid interpretation when it suits them.
You could be right and the tribunal might throw out any fines … but before you even get to that, chummy might have made other parking arrangements. It would have to be worth a try
1 Vehicles
An owner or occupier of a lot must not park or stand any motor or other vehicle on common property, or permit a motor vehicle to be parked or stood on common property, except with the prior written approval of the owners corporation or as permitted by a sign authorised by the owners corporation.