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Here is another double barrel problem for living in strata land.
In a nutshell parking of motor bikes on common property and no action taken by the executive committee, as it is suspected that members of the executive committee would be inconvenienced in finding approved spaces for their motor bikes .
In the complex I reside in as an owner, there has been an ever increasing amount of motor bikes being parked on common property in the basement carpark. In March of last year I raised it with the Strata Manager and was advised that the owners corporation members had decided that no action would be taken. At that time only 4 bikes had found parking spaces in areas of common property which did not effect any car movements.
Now we are up to 9 motor bike spaces on common property. I have had to change my manuvering to access my car parking space, especially after scratching a rear guard on a concrete pillar, a first in 12 years of parking in the same spot. Behind my car space there is now a Congo line of 4 – 5 motor bikes parked on common property.
Other owners are parking their motorbikes within there allocated car spaces, alongside their cars or to the front or rear of their cars. Not sure what other locations may be sought if they choose to also park on common property.
I subsequently raised the issue again with the Strata manager and was advised that, again the decision had been made for no action to be taken, especially as one of the committee members had measured my access and felt it was more than needed. I agree I have enough space to access my car space.
I was advised by the Strata Manager that he had advised the committee members that:
– They had the option of creating parking spaces for the motorbikes, from common property.
– The parking spaces could then be leased.
– The strata plan would be required to be changed.Another owner has informed me that he believes the committee does not want to take any action as it would impact two of them directly.
Having read several of the forums and mention being made of:
Jimmy T: “It’s hard to nail the tenant for parking illegally when an EC member is doing it, so both of them need to be told to move their vehicles. What they are doing is parking theft, plain and simple, and it’s probably in breach of your building’s by-laws and development approval.” EC member junks the by-laws 1/3/14
Jimmy T: “If the common property is a visitor parking space, for instance, permission should probably never have been given as you are most likely in breach of your Development Authority” NSW Strata by laws vehicles 10/1/15
Whale: “So if owners and occupiers (tenants) of a lot cannot park on the common property, of which visitors’ carspaces are part, then it stands to reason that the habitual use of one of those by a tenant is a breach of By-Laws and of Council’s Development Approval which requires an O/C to keep all designated visitors’ carspaces available for that purpose.” Tenants using visitor car spaces 24/2/14
The above 3 comments re Development Approval, Development Authority and Council’s Development Approval, had me seeking council input.
I contacted the City of Sydney council and was advised that they can investigate issues of non compliance with the approved Strata Plan. I advised the Strata Manager of the possible council intervention and was told that council does not get involved with building by laws. I advised the Strata Manager that my understanding was that we had gone past by laws and it was an issue of non compliance with the existing strata plan.
The only parking by law the building has is:
Parking on Common Property:
You must have consent from the owners corporation to park or stand a vehicle on common property.
The owners corporation previously issued notices to comply, to a car that was parked where the Congo line of motor bikes are now to be found.
To date no one individual has applied or been granted consent to park or stand a vehicle on common property. Obviously by taking no action, the owners corporation is giving approval by default to anyone to decide what they deem okay.
My questions finally after all of the above are:
– Any other words of wisdom or guidance that anyone can share?
I am aware of the mediation and adjudication options, but hope the councils big stick of compliance may be a quicker and less painful way for me to go.
– Does anyone have any knowledge of a council directing a owners corporation to comply with the original Strata Plan / Development Authority / Development Approval?
That being in my case the council directs the Strata Manager as the representative of the owners corporation to either ensure compliance with no motor bikes being parked on common property or seek to change the Strata Plan. I am hopeful the council will influence the executive members to comply or seek to change the strata plan as was proposed by the Strata Manager.
If I can help with any additional information, please let me know.
Thanks for your time and hopeful guidance.
Terry
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Do you not have the standeard by-law that forbids people from parking on common property?
Also, about 10 years ago I suggested to my building’s committee that they find little corners of common property, mark them as motorbike spaces and rent them to owners.
The owners corp now not only gets another revenue stream but there is a precedent for not allowing bikes to be parked willy-nilly on CP.
The strata manager is not only nitpicking but wrong. There would be no need to change the strata plan as the common property is not being sold, just leased. I suspect he is only coming up with excuses so that the EC members can do as they please and he can keep his contract.
If you have the standard by-law, you can take action at Fair Trading against the parking thieves. But a better idea would be to identify the spaces and suggest a plan at your next EC meeting (with a veiled threat of what might happen if they don’t consider it properly).
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.
Don’t blame the Strata Manager (he is more accurately called a Strata Administrator) as he works for the strata and takes instructions from the committee and the OC. He generally he has NO power to take unilateral action unless instructed to do so by EC or OC.
If the committee won’t vote to act because of self interest then get the OC to pass a motion to act (this overides any EC decision).
Good luck with getting the council to act as I’ve no idea if it will work.
To get the SM to issue a Notice to Comply you only need a simple majourityat a GM or EC meeting. To delegate the SM authority to issue a Notice to Comply without ref to the EC again you only need a simple majourity at a GM or EC meeting.
Terry – be careful what you wish for by inviting Council onto the site, but in any case I doubt they could do anything about the problem unless the motor bikes are parked within designated visitors’ spaces or they’re encroaching upon designated passages of entry, egress, and maneuvering for vehicles within the carpark; both of which would be conditions of their Development Consent.
If you feel strongly about the matter, and particularly about your E/C’s unpreparedness to do anything about this Breach of a By-Law (i.e. parking on common property, where by the way “consent” relates to a specific instance such as loading / unloading a vehicle and not a regular occurrence), then consider taking your Owners Corporation to Mediation using THIS form or by using the services of a Community Justice Centre.
There is another route you can take. The by-law states that vehicles can only be parked “with permission” of the owners corporation. The OC in this case would initially be represented by the EC.
So put a motion up to your next EC meeting that they enforce the by-law byy voting whether or not to give permission to the bike owners by
a) Inviting written applications and
b) Deciding on those applications at a later date.You would also formally request that EC members with a vested interest abstain from the vote or that it be minuted that they had declined to do so.
If the EC refuses to enforce the by-laws, by this or any other means, you move forward to an application for an order under Section 138(a) “to settle a dispute or complaint about … an exercise of, or a failure to exercise, a function conferred or imposed by or under this Act or the by-laws in relation to a strata scheme.”
At the same meeting EC meeting, you put up a motion proposing that the EC investigates the provision of paid-for parking spots on common property – to be rented to draw income for the building, NOT to be sold – in areas that don’t obstruct traffic. This would definitely NOT require a redrawing of the strata plan as the property remains with the Owners Corp.
Again you would formally request that EC members with a vested interest abstain from the vote or that it be minuted that they had declined to do so.
It’s a carrot and stick approach that may just work. You are creating a problem (in their eyes) then providing a solution. Has to be worth a try and even if they don’t take action and don’t recuse themselves from the vote, you have more ammunition to take forward to the next stage to prove that they are acting out of self-interest rather than for the greater good of the community.
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.
I agree that in theory paid parking within a complex is a good idea, the problem comes in collecting the money that people agreed to pay to be allowed to park their.
Would the fees be considered as part of the levy and so collectable under the rules governing levy payments (virtually impossible to avoid).
OR as a general payment with very poor chances of forcing a reluctant resident to pay.
Also who is going to administer it because allowing non payers to park their will antagonize those who do the right thing and pay.
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