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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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