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Topic
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Situation: A strata plan in NSW
Assumption: Marked car spaces signify exclusive use rights (over common property) for respective lots and they are not “on title” or “private property” (as some argue). True?
Question: Putting aside what the by laws may say about what can or cannot be kept on common property, if we assume the car spaces are common property, can lot owners store whatever items they want in their car spaces (alongside their cars) or is doing so a breach of the terms of standard strata insurance policy? Or council fire regulations? Or OH&S requirements?
Note: I am not concerned with the question of storing or flammable items vs non flammable items. I am concerned with any item which is located on common property that should not be located on common property if it jeopardises insurance cover or (state or local) gov’t regulations.
Thanks.
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if we assume the car spaces are common property, can lot owners store whatever items they want in their car spaces (alongside their cars) or is doing so a breach of the terms of standard strata insurance policy? Or council fire regulations? Or OH&S requirements?
There are a lot of assumptions here. The first is that the car space is common property. That is not always the case. However, common property by-laws can apply, such as having something in your lot that is not in keeping with the appearance of the scheme.
Issues like insurance, fire regulations and OH&S only really apply if there is a clear danger or if the certification or insurance policies say you can’t store certain things in the car space.
Our building has a strict rule on storage boxes in car spaces – even down to their colour. If residents ignore it then it’s up to the strata committee to decide whether or not the breach is serious enough to warrant a verbal warning or Notice To Comply.
This is how strata schemes set their own standards about how they want to live. If the majority of other owners’ standards are wildly different from ours, we may be living in the wrong place.
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.
Parking arrangements vary from scheme to scheme, and a reasonable amount of incidental storage of car-related materials should generally be tolerated. What is unacceptable just about anywhere is filling the car space or lockup garage with a variety of goods and then using this as an excuse for basing the car in the visitors’ area.
When you have two car spaces is it OK to park a small caravan or trailer in one of them?
Hi
I’m on our committee, and would say as long as the caravan or trailer was wholly within a single parking space, and getting it in and out did not cause damage to common property, it is OK.
When you have two car spaces is it OK to park a small caravan or trailer in one of them?
Can’t see why not. I have two allocated parking spaces. I have our car in one of them and our wind-up camper trailer in the other. No-one has ever objected. Our rules say that the spaces are for housing ‘vehicles’. A trailer is a vehicle (as is a bicycle, a motorbike etc).
…and a reasonable amount of incidental storage of car-related materials should generally be tolerated…
Yes. We have an explicit parking rule that includes: “Storage of larger quantities of personal effects for extended periods can become an eyesore and the Owners Corporation may require the removal of items deemed excessive by notice given in writing to the Member concerned. Where the Member does not remove the item within 7 days of receiving the written notice, the Owners Corporation may remove and dispose of the item. The Owners Corporation without providing any notice may remove or make safe items which are deemed to be a hazard to owners, visitors or contractors.”
IE. Yes, you can store some stuff there so long as you don’t go overboard.
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