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Our neighbour whose allocated parking space is next to ours has a vehicle which is quite large for our relatively small spots. He persistently parks over the front line of his space into and over common property, making it difficult for others to manoeuvre their cars in our small garage. Frequently he parks over the side border of his space intruding into ours. Sometimes he intrudes both into our space and common property. He believes that the problem is ours as we will not do as he suggests which is intrude into the space next to ours on the other side. The space on the other sides is usually not occupied by a vehicle (though occasionally is) and we do not believe we have the right to use someone else’s space under any circumstances. What can we do to stop him from parking on common property and in our space?
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Write to the body corporate committee asking them to enforce your complex’s By Laws regarding this that this guy seems to be breaking. Be careful though as if he and you are forced to park so close together you don’t want to have his doors banging into the side of your car causing stress and damage.
I have a vague recollection of a CTTT (as was) ruling that allowed a bollard to be installed on the boundary line between the car spaces.
Frankly, though, I’d be tempted to just park partly in the empty space until such times as that becomes an issue … then release the hounds!
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.
Parking spaces that comply with Australian Standards may need to be wider if there are impediments such as bollards.
Otherwise, I agree with JT. If you know who the usually empty space belongs to, perhaps they will let you park there most of the time.
@Sir Humphrey said:
Parking spaces that comply with Australian Standards may need to be wider if there are impediments such as bollards.True. And standard parking space sizes are based on the dimensions of a 1979 Ford Falcon.
I think the case that I am recalling required the bollard to be placed so that it neither impeded access and egress nor the opening of doors.
More fundamentally, I think for the second year in a row, the best-selling vehicles in Australia have been the monster crew-cab utes that we see everywhere.
As this brilliantly written and incredibly informative article asks, how long will it be before we have a debate on whether or not you can limit the size of vehicles in apartment block parking? Most of these monster trucks fill every last cm of a standard space (allowing no extra for opening doors) and some are actually too long to fit in.
In the meantime, generally speaking, Notices to Comply for parking over the line and over common property or other spaces may be the way to go.
By the way, I am reliably informed that only one local council (Lane Cove, I think) in the whole of NSW is participating in policing parking in strata blocks. Yet another of our fabulous new strata laws that, 18 months later, turned out to be little more than window dressing.
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.
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