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  • #9295
    Ben
    Flatchatter

      We’ve an ec member who is using her car space as a make-shift ‘storage room’ and in turn, ‘parking’ her car in the Visitors’ car space, instead.

      We only have 2 Visitors’ car spaces and she is now permanently parking in one of them. The other is being used by a tenant, with 2 vehicles and a motorbike. 

      So over Christmas & New Years’, especially, no other occupiers’ Visitor’s had anywhere to guest-Visitor-park.

      Besides it looking extremely unsightly; at least 30-odd boxes, old bikes, old gym equipment, clothing, etc … wouldn’t you think an ec member would be more considerate ? 

      Any Insurance issues do you think ?

      Thanks and Cheers !

      Stella

       

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    • #20575
      Jimmy-T
      Keymaster


        @gin
        said:
        We’ve an ec member who is using her car space as a make-shift ‘storage room’ and in turn, ‘parking’ her car in the Visitors’ car space, instead.

        We only have 2 Visitors’ car spaces and she is now permanently parking in one of them. The other is being used by a tenant, with 2 vehicles and a motorbike. 

        So over Christmas & New Years’, especially, no other occupiers’ Visitor’s had anywhere to guest-Visitor-park.

        Besides it looking extremely unsightly; at least 30-odd boxes, old bikes, old gym equipment, clothing, etc … wouldn’t you think an ec member would be more considerate ? 

        Any Insurance issues do you think ?

        Are you ready to make yourself a lifelong enemy?  Or, to put it another way, how strongly do you feel about this.  Firstly, neither the tenant nor the EC member should be parking in visitor spots.  They have granted themselves free parking which these days we call ‘parking theft’.  Do you have a by-law about who can and can’t use your visitor parking?  If you have, dig it out and see what it says.  If you haven’t then you shopuld suggest you get one at your next AGM.

        Regarding the storage issue, you may well also have a by-law about what can and can’t be kept in the garage area but in any case I would guess that your local council fire safety inspectors would be appalled if they say piles of junk lying around in a car park.

        So, getting back to making an enemy for yourself, maybe you should quietly find out if anyone else in the building is annoyed by this then send a jointly signed letter to your EC and strata manager saying you want the visitor spaces to be free for bona fide visitors and a by-law to state the conditions (how long cars can stay there). 

        Pushing the EC member out of the visitor space may solve the problem of the junk when she needs to find somewhere to park her car.

         

        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.
        #20576
        kiwipaul
        Flatchatter

          I agree with what Jimmy says about making an enemy for life.

          If you obtain a copy of the plans for the complex and they denote the Visitor Parking as Visitor Parking then this was a condition of the Development Approval process and these bays CANNOT be used for anything other than VP (without council approval).

          It dosn’t matter what the bylaws say, or what motions have been approved granting permission to use the VP they are all irrevelant as they conflict with a higher law the council Development Approval and so are illegal.

          The EC should be issueing a NTC to both offenders ASAP and then they can be hit with fines of up to $550 or go the concillation and adjudication route and then the fines are up to $5500.

          The rubbish is not so cut and dried but if you have a majourity on the EC or OC you can do something about it.

          #20929
          Ben
          Flatchatter
          Chat-starter

            Thanks kiwipaul and jimmy for taking the time to reply, very much appreciated.

            Making the ec member an enemy is not an issue. She has now been in breach for over 3 months and continues to ADD to the junk already stacked up in her own car space to maximum capacity. And STILL parking in the visitor-car-space.

            By doing so, she also obstructs other occupiers from having ease-of-access to their allocated Storage-Rooms … as her car is parked in front of the Storage-Room-doors.

            This ec member (a few years ago) kept voting against the repair of my deteriorated and crumbling Vermiculite Kitchen-ceiling  – until I was severely injured and hospitalised, for the 3rd time.

            A piece of Vermiculite had fallen in-to my right eye causing a 6-mm laceration. I ran to my GP in amazing pain and fright and was rushed to Sydney Eye Hospital. The Ulceration to my eye was horrific…the size of a tennis ball…and took 4 weeks to subside. I couldn’t see for 2 weeks !!!

            Years later my eye is still very fragile.

            She is affecting the other occupiers’ use of guest parking, for over 3 months now…and I will be contacting the local Council to view the basement as it is for their advice, as per yours.  

            Thanks again gentleman…Cheers!

             

             

             

             

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