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Hi All,
Earlier this year purchased a PPOR unit in a small block of six flats. The carpark in directly in front of the unit block, and both my bedrooms face the carpark. I moved in about six-months ago, and on the day I moved, noticed a big ute in the spot next to mine (about five-metres from both my bedrooms). One of the upstairs tenants (ute owners GF) joked with me that it probably ‘woke me up’. I explained that I hadn’t slept at the flat the night before, but was instantly concerned. Ever since, the beeping of the ute’s alarm disabler, the loud starting of the diesel engine etc, has woken me up between 4:30am and 6:30am (including Saturdays).
The Ute is also massive, and I’m concerned if we had another one, it would become very difficult to get in and out the carpark (it is already very tight). Has anyone had success in either banning large cars from strata car parks due to the size making it difficult for other occupants, or had success in using ‘right to quiet enjoyment’ to ban diesel etc kind of vehicles? (I understand he uses it for work, but it’s very stressful being woken up everyday – yes I’m using earplugs already!).
The issue of big cars was previously floated on this website – https://www.flatchat.com.au/topic/can-you-ban-monster-utes-from-your-car-park/
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I think the threshold test would be whether the ute is excessively noisy by some externally determined objective test. Perhaps it has a non-standard or faulty muffler and does not comply with standards required of ordinary road vehicles. Otherwise, it could be argued that starting up a road-worthy vehicle in order to leave a designated carpark is a reasonable use of the common property. If that part of the common property was always a carpark, then this was the known situation when you bought the unit.
Double-glazing your windows might help.
Eventually the problem should go away with the electrification of transport.
Perhaps you could broker an informal, temporary swap of parking spaces so that the ute parks further away and someone who usually leaves later in the morning parks nearer to you?