Flat Chat Strata Forum Parking Peeves Current Page

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  • #7462

    I live in a townhouse unit of 17 units.. We are basically 8 units facing another 9 from our front doors.. We have a driveway that has a space of about 2 cars from the front of 8 units to the other 9… This leads straight to the back of our block which has only 12 or 13 parking lots not even enough for one car per household..

    Because of limited spaces in our parking lot most of us tend to park at our front doors which is common property when we cannot obtain a parking space at the back.. (parking lots are not numbered)… Once parked in front of a house there is still enough space for cars to get in and out of our driveways without difficulty..

    I want to ask strata if i can have permission to park on common property in front of my front door.. Not permanently , not trying to own the space but sometimes when i need to without getting a letter of warning for a fine.. I park in front of my house because my 2 small children are 3 years old and 1 and 4 months.. If i park at the back after going out alone with my kids i cant park in the back parking lot and leave my kids unattended in my car whilst bringing in the shopping.. Not only are they unattended they are aroud the corner of townhouses and not visible in sight.. If i take them in and my shopping then come out and move my car then they are unttended in my house.. I am not happy to leave them unattended.. If i park in front of my front door i can see them sitting in the car whilst bringing in the shopping then i can bring my children in the house one by one with the other still visible insight because i can see him through the front door…

    Reason for asking is because i have received a letter of warning from strata that i have broken law 2 and 3.. Parking on common property and blocking other peoples garage.. I have been here for 5 years.. People park all over the drive way and double park at the back parking lot to avoid having to park on the street (our area is know for high crime rates)… No one has complained from what i know.. If i block someone they knock on my door and ask me to move so i do.. And vice versa!! Simple as that no arguements everyone parks within the driveway or parking lot everyone is happy.. But we have this one neighbour whom i dont know whAt he is like if he is secretary or anything i know he owns his townhouse though.. He walks around taking photos of peoples cars on common property, photocopies strata warning letters and puts them on residents cars, even printing his own!! I recieved a letter in the mail yesterday.. It had a picture of a car that was not mine nor parked in front of my house and i was warned for breaking law 2 and 3 as mentioned above.. A few of my neighbours have said they have recieved letters too but with no photo and attn to ‘the occupier’ of unit number so and so.. However the one i received had a photo of not my house or car but it was addressed my my name and partners name written in pen and signed by someone from strata..

    I am only renting.. Do u think i will get approved if i asked to park occsionally?? I dont want anymore warning letters or a fine.. Also that nasty neighbour also parks in front of his house sometimes too!! What should i do to approach strata about this?? Everyone else in the street is fine we have only the one nasty neighbour.. I know nobody had the rights to park on common property but it didnt have to go to strata everyone was happy..

    Also when he told me not to park there before he said its for safety of kids playing on the driveway.. But by law its says children are not allowed to play on the driveway only lawns if any and must be supervised.. Is he allowed to take photos of peoples cars and number plates without permission of the owner of the vehicle?? Thankyou !

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  • #13024
    Jimmy-T
    Keymaster

      pinkpurple said:

      I want to ask strata if i can have permission to park on common property in front of my front door.. Not permanently , not trying to own the space but sometimes when i need to without getting a letter of warning for a fine.

      It sounds like the Owners Corporation is clamping down on illegal parking and they have an active owner who's probably driving the campaign. I doubt very much if the OC will give you permission to park there as it will cause them all sorts of problems and parking will soon become a free-for-all.

      Firstly, though, you need to send them a polite letter saying you reject their warning as it is not your car and not your house.

      Then you need to start a campaign with the help of all the other drivers who park there to get the OC to create a couple of drop-off zones  where people can park for no more than five minutes at a time to allow them to do exactly as you described.

      But you won't get the OC to sanction parking on common property so don't even go there. And, yes, if you are breaking by-laws you are in breach of your lease so try to do the right thing.

      Ask your landlord to pressure the OC to create a drop-off zone and leaflet the other owners who park there to get their support.  It might take a while but it makes sense for all concerned.

      Is he allowed to take photos of peoples cars and number plates without permission of the owner of the vehicle?? Thankyou !

      He can take pictures of anything he likes.  This is, in fact, recommended procedure when there's a parking problem in strata.  Shame he couldn't get the right car for the right owner though – it kind of undermines the process.

      The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
      #13045
      struggler
      Flatchatter

        We have residents in our complex who like to park outside their units too from time to time.  Our driveway is quite wide.  But if it OK for one, it is OK for everyone.  And if everyone parks outside their place, then no one can get through the driveway.

        We would like to tell residents that they can stop and unload for 15 mins but everyone here would probably have a different idea of how long 15 mins is.  Some here seem to work in metric, some in imperial.   Personally would have no problem with people stopping to drop off shopping etc if that was all they did. 

        In the meantime, pinkpurple should sent back that photo and notice showing a car and unit that are not theirs and tell them, nicely, that the info isn't correct (and keep a copy of this incorrect notice too for own records).  If an EC/OC is going to law down the law, they really have to get their information right.

        #13054

        Thankyou for the advice.. I spoke to the property manager at my rental agency and she has spoken to the person who sent out the letter.. He has erased my name off the warning system and she hasn’t sent me that in writing by email.. Will definitely be holding onto that.. Shes told me to immediately take photos of his car if parked on common property.. And guess who parked on common property last night!! Lol.. My partner went to take a photo and whislt doing so saw another neighbour taking a photo of that nasty neighbours car too!! I guess everyone besides me must be getting letters and we all know who has been sending them..

        #13066

        JimmyT is correct. You may want to consider campaigning for a drop off zone for owners and occupiers. 

        An owner or occupier should only park on common property where written approval of the owners corporation is obtained. If written approval is unlikely, you can also look to amend your by-laws to make specific provisions in respect of parking on common property. 

         

        Yours Faithfully

        Simone Balsara

        Lawyer

         

        TEYS Lawyers

        The Strata Law Experts

        02 9562 6500

        simone@teyslawyers.com.au

        https://www.teyslawyers.com.au

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