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I live in NSW.
The strata manager served notice on me advising major remedial work to the whole of the building’s exterior will commence in two weeks and consequently accessing my garage is possible to move things in and out, however with the scaffolding in place, moving a car in and out is impossible for a period of 6 months.
The issue here is street parking close to the building is impossible at best and we have a few months old child which makes it even worse for obvious reason.
What rights do we have? For example:
Can we request the scaffolding be of certain type that allows us to park the car in the garage for the safety of our child?
Can we request the works to commence and be concentrated on our side of the building to minimise the disruption period of 6 months?
Can we request special permit to park our car on common area where it will not disrupt other tenants? At least walking with our child to the entrance of the building will be few minutes rather than 20 minutes.
Are we entitled to reduction in our strata levies due to disruption to peaceful occupancy of our home to compensate us for renting a parking spot in an adjacent building?
Please refer attachment.
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Can we request the scaffolding be of certain type that allows us to park the car in the garage for the safety of our child?
You can try but it may not be possible even if they wanted to do it.
Can we request the works to commence and be concentrated on our side of the building to minimise the disruption period of 6 months?
It makes sense in any case for the work to be concentrated in one area for one period as scaffolding has to be hired and that’s an additional expense. Again, it may not be possible but it’s worth asking.
Can we request special permit to park our car on common area where it will not disrupt other tenants?
That is probably the easiest thing to achieve and is certainly worth exploring. Most by-laws forbidding parking on common property come with a rider of “without written permisson”. If they go for it you would want them to provide a specially designated space marked out as only for your car.
Are we entitled to reduction in our strata levies due to disruption to peaceful occupancy of our home to compensate us for renting a parking spot in an adjacent building?
It would be easier just to ask them to pay the cost of renting a car park – and this could certainly be used as leverage to get the car parking space on common property.
Make an appointntment to sit down with your strata manager and discuss the options with them.
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.
Preventing you from using your lot seems to me a breach of your right to peaceful enjoyment of your lot.
So what if it costs the OC more money to have the builder work around you. I bet other owners are not as inconvenienced as you.
As JT suggested speak with the strata manager/ committee. If you don’t get satisfaction I’d go to NCAT to get an urgent order .
One would expect that consideration of access to and use of the garage would have formed part of the development of the scope of works for rectification. Often when builders get on site they look to save time, effort or money and ask if it is ok to do something differently. Perhaps the scaffolders have said there are savings to be made if the affected owner agrees to their proposal?
There should be documentation of the tender process, which would include special site conditions such as maintaining usage of the garage?
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