Flat Chat Strata Forum Parking Peeves Current Page

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  • #45130
    YolBee
    Flatchatter

      Our strata manager recently sent out a circular in response to complaints about continued parking in the visitor spots. It contained photographic evidence of the vehicles that were consistently doing so. Despite this, the same individuals continue to utilise these spots. Many in the complex also park out the front of their garages (parallel to their double garages – there is no actual driveway just the common drive) making it a challenge to manoeuvre vehicles. We think this is unfair for the following reasons:

      Visitors and tradesman often do not have access to the visitors spots,
      Disabled visitors often do not have access to the disabled parking spot,
      Residents are likely utilising their garage for storage or other purposes, parking their car on the common driveway – we do not, and use it as a garage as it is meant to be.
      The common driveway’s most narrow point is out the front of our lot, and hence it can be a real pain to reverse out, especially as we park two cars in there.
      There is one visitor to another lot who has blocked access to our garage on several occasions –likely attributed to the lack of available visitors spots.

      The schedule 3 model by-law applies in our complex:
       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.
      After about a month of continued parking breaches, we requested that the strata manager follow up the initial circular. The strata manager did, but not before telling us that they (meaning the delinquents?) had already been advised, and it would cost us money to do so.

      The follow up notice was nowhere near as explanatory as the first (i.e. did not note the bylaws being breached, or the consequences of continued breaches, or the photographic evidence we provided). Our view is that unless these things are followed up it sends the message that people can continue affecting others in the complex with no consequence, which is what people are doing, in more ways than one. What is the best course of action here?

      Should I request that another circular be sent? Should I request permission to also park a vehicle out the front of my garage and/or in the visitor spot? I’m sure this would not go down well but then how is that fair?

    Viewing 5 replies - 1 through 5 (of 5 total)
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    • #45152
      Jimmy-T
      Keymaster

        You have other issues aired in the Forum and two of them boil down to the same thing – your strata manager and/or committee doesn’t want to enforce your by-laws.  That’s probably becasue your committee doesn’t want to do anything.

        It sounds like it’s time you sat down with your chair and strata manager and asked them that age-old strata question – do you want to do this the hard way or the easy way?  They aren’t going to save money by not pursuing by-law breachers … because if they do, you are going to pursue them (the committee) at NCAT.

        So maybe it’s time they fulfilled their legal obligations … or got out of the way and let someone who’s prepared to manage the scheme properly take over.

        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.
        #45157
        YolBee
        Flatchatter
        Chat-starter

          Thankyou, well said and just what we needed to hear.

           

           

          #45232
          YolBee
          Flatchatter
          Chat-starter

            Just an update,

            I again requested that the by laws be enforced and that the EC (including myself) vote on NTC to be sent to those who are continuously breaching the by laws by parking on the common driveway and in the visitors spots.

            I was advised that individual motions were required for each unit and the residents must be named (I’m assuming this is correct?)- because of this the strata manager would have to “chase up” tenant details with individual lot owners as they do have any of these. These are long standing tenants as far as I know.

            Firstly, my understanding is that we should have these details (section 258 of the Strata Schemes Management Act)?

            Secondly, I don’t want to seem completely paranoid but is there any other reason why this manager could be attempting to make this more difficult than what is should be – apart from general apathy? i.e. to charge the plan?, unstated conflict of interest? Intuitively, I feel like something is amiss.

             

             

            #45243
            Jimmy-T
            Keymaster

              I think perhaps the strata manager has been dividing all issues between the “too-hard” and “she’ll be right” baskets, rather than conspiring to do something wrong, for whatever reason.

              Or maybe they are trying to do the right thing but really need to go back to strata manager school and could meanwhile do with a gee-up about their lack of effort.

              Firstly, the strata manager can issue the NTCs him or herself if they believe a by-law has been breached – they don’t need to wait for a committee decision.  Even so, that committee decision could be to send NTCs “to all residents believed to be parking illegally.”

              Secondly, the NTCs should be issued to the miscreant – in this case, the tenants – not the landlords.

              And finally, as you point out, undr section 258 of the Act, if the name of the tenant hasn’t been registered with the strata manager, that is an offence and is, in fact, one of the few that comes with a fine attached ($550), under law.

              Whatever the motivations, your strata manager has allowed the scheme to descend into dissent and chaos. Tell them to get on with doing their job, and stop making excuses, would be my plan.

              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.
              #45261
              YolBee
              Flatchatter
              Chat-starter

                Dissent and chaos indeed – these issues are now so entrenched because no-one has been doing anything about them.

                I do have the inkling however that our strata manager may be blocking ours, and perhaps, others complaints – fostering an environment where everyone is unsure of whether or not to peruse their issues in case of “rocking the boat” or “costing the plan too much money”. This is how I previously felt, prior to seeking advice on this forum (thankyou!).

                I think it would be valuable to get input from other owners without the direction (or influence) of the SM. My final question would be, what do you suggest is the best way to contact other owners in the complex, bar door knocking? Is it appropriate to ask the SM for email contacts, or request that an email be forwarded on my behalf?

                Thanks again.

                 

                 

                 

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