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We own a unit in a small block where all but one lots have garages which are are old and small (but quite OK) and aligned in a such a way that most residents find it more convenient to park directly in front of their garage (that’s ok, no one is obstructed) but the remaining garage owner has his garage situated in such a way that if he parks in front of it, two of the others are blocked.
To make matters worse, this recalcitrant owner is using his garage for storage, so he regularly parks in front it. meanwhile a family member of his parks wherever there is a spare spot.
This was OK when previous residents didn’t have cars but now my tenant has a car so old mate is getting a serve from me whenever his two cars are blocking my tenant in.
The owners of the affected garages are all utilising the common property in front of their garage, but old mate cannot use his because it then blocks the others. So I need to register an enforceable by-law I think that allows some owners to park in front of their garages, and one not. He says this would be unfair.
Is an enforceable by-law (well written with $ penalties) the way to go?
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I need to register an enforceable by-law I think that allows some owners to park in front of their garages, and one not. He says this would be unfair. Is an enforceable by-law (well written with $ penalties) the way to go?
I think your proposed by-law would be seen as “harsh and discriminatory” which means it could get turned over at NCAT where you might find you were all ordered to park in your garages.
However, there is a standard by-law that says residents can’t park on common property without written approval of the strata committee.
So first of all make sure that by-law is in place. Then find an blocking space you can define as designated for chummy’s use, subject to approval. Then get everyone to apply for permission to park outside their garages except for chummy, who should ask for permission to park in the designated space.
If he doesn’t want to play ball, then you could breach him (and his son) for parking on common property without permission.
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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