Flat Chat Strata Forum Parking Peeves Current Page

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  • #8539
    struggler
    Flatchatter

      Have just spoken with a friend of mine who surprise surprise is having problems with residents parking in the visitors car pak as ell as along the driveway.

      He spoke with fair trading today. They seem to advise that he take the rogue resident parkers on one by one. Told hm to get a stat dec stating that neighbour in apartment x is parking illegally. Has anyone heard of this before? I advised to take photos and make notes. I also said that he should take the OC to CTTT for their lack of maintenance of the complex. The driveway Parker’s has destroys adjacent gardens and lawns. Infact it seems that no by laws are enforced at this complex at all. And there are only a few who have complained about this problem as the majority park when and where they want.

      Is a stat dec the way to go? Or OC to CTTT?

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    • #17107
      scotlandx
      Strataguru

        What would the stat dec say? What would your friend do with the stat dec? Who would the stat dec be given to?

        The advice from Fair Trading sounds pretty flaky. OC to CTTT would be the option if nothing else works.

        #17109
        struggler
        Flatchatter
        Chat-starter

          Thanks Scotlandx. Sounds flakey to me too. With all the whinges and rants I have had on flat chat and with fair trading over parking issues, never had I heard this one. My friend was told stat dec should say that he has witnessed this car belonging to unit x parking illegally. The problem in my friends complex is much worse than mine. My friend has been told to take each owner individually starting with the worst one. But is someone who parked there 5 days a week worse than the one that parks 3 days? They are all breaching by laws. The breaches damage common property. And the EC are not issuing notices to comply, whether too hard or because they park there too perhaps. So I would have thought taking the OC for lack of maintaince due to allowing breaches would be the way to go. One action against all.

          #17102
          Jimmy-T
          Keymaster

            The value of the stat dec is surely having his complaints backed up by other residents – i.e. THEY provide the stat dec to him to support his case.
            For a straight forward complaint, I’ve never heard of having to provide stat decs to support your own complaint. Sounds like typical Fair Trading Call Centre Phone Jockey misinformation to me.
            If I was in this position, I would find out who else is annoyed by this, then approach the EC and tell them that if you don’t see action being taken within, say, two weeks, you will start proceedings at the CTTT to have orders issued against the Owners Corp to enforce the by-laws.

            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.
            #17164
            struggler
            Flatchatter
            Chat-starter

              Further to my friends predicament. He has now been told that he should take the resident who parks the most to fair trading. I personally don’t think this is a good idea. 95% of residents park on common property. Who is to say which one is worse? Even parking once is a breach of by law. The one resident picked could claim discrimination if they have proof others do the same thing.

              I suggested taking the OC on our their negligence of common property. The parking problem in my friends complex includes those who park on what used to be lawns and gardens adjacent to the driveway. The OC being required to maintain common property would therefore have to enforce the no parking by law in order to do so. This is of course the angle I was going for in my complex. Speaking of which, after telling a few residents that I intended to take on the EC/OC it seems the word has spread throughout. At the moment it would be more likely that I see a unicorn on common property than a residents car! And visitors actually have been able to park in the visitors car spots. Who would have thought. How long will it last though? Enjoying it while it lasts.

              #17167
              scotlandx
              Strataguru

                No I don’t think that is a good idea, it sounds like a very stupid idea.  Why would you single one person out, and then have them argue that everyone else is doing it?

                Your friend is a bit stuck unless the EC does something.

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