Flat Chat Strata Forum Parking Peeves Current Page

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  • #9223
    Jimmy-T
    Keymaster

      Doing a bit of digging into the saga of the abandoned car, mentioned here ,  based on this story in the SMH, we dug around and found that, yet again strata legislation that looks fine in print, just doesn’t work in real life.

      The law says that OCs can move cars off common property if they put sufficient warning notices on vehicles that aren’t supposed to be there.

      However, where do they move the cars to? In this particular case, the owners corp has received legal advice that they can’t just move the car on to a parking space on the street, as they could become liable for fines incurred there. 

      And they can’t find a tow-truck firm prepared to move the car to the nearest vacant, unrestricted spot or holding yard as they towies are worried about who pays if the car gets damaged.

      If they pursue the owner of the car for costs, they could end up spending more than they’ll get back from the courts. It’s a mess that, it seems, no one is concerned about fixing. 

      Meanwhile the bright new day of councils patrolling strata car parking, that was supposed to be brought in on the back of new legislation, has turned out to me another false dawn. 

      According to my strata manager sources, few if any councils have shown any interest in pursuing it (Lane Cove being the sole exception).

      We are now 18 months into the new laws Matt Kean, Minister for Innovation and Better Regulation (and Fair Trading),  needs to launch an urgent review into which strata laws are working and which are causing more problems than they are solving. 

      It’s not just parking that’s a problem as, yet again, apartment owners are left to work things out for themselves and take ‘informal’ action to fill the gaps in inadequate 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.
    Viewing 8 replies - 1 through 8 (of 8 total)
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    • #20729
      Lady Penelope
      Strataguru

        Hi JT – Could an interim order be sought by the OC if the Notice on the vehicle does not work?

        http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Strata_schemes/Abandoned_goods_and_vehicles.page#What_can_be_done_if_the_vehicle_isn%E2%80%99t_removed?

        Another avenue to try …. Is the vehicle still registered? Wouldn’t the Police or the NSW RTA have an address or contact details of the abandoned vehicle via their registration? 

        http://www.rms.nsw.gov.au/roads/registration/abandoned-vehicles.html

        #20727
        Jimmy-T
        Keymaster
        Chat-starter

          My understanding is that the owner is not a resident so orders wouldn’t have any effect.

          I also believe that the council and police won’t touch cars abandoned on common property as it is technically private property.

          However, if any such vehicle happened to find it’s way out on to the street, it could then be removed by the council.

          Nudge, nudge.

          My view, for what it’s worth, is that we are too often taken advantage of by people who have no respect for the law when we try to do the right thing.  So do the wrong thing occasionally and see what happens

          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.
          #20713
          Boronia
          Flatchatter

            We have an habitual resident parker in our block’s visitors’ area. She ignores warning notices. Her “logic” is that her boyfriend is the occupant (tenant) of the building and she is entitled to “visit” him all night, seven days a week. Unfortunately, our By-laws do not define limitations on visitor parking.

            #20707
            Jimmy-T
            Keymaster
            Chat-starter

              @Boronia said:
              Unfortunately, our By-laws do not define limitations on visitor parking.  

              And there’s your answer. 

              A by-law that defined the number of hours during the day that a visitor was allowed to park and the number of consecutive nights they were allowed to park overnight would resolve this now and for the future.  You (the owners) get to decide this stuff for yourselves. 

              Agree on restrictions that work for you but remember, you can only pursue the tenant as he has a relationship with the strata scheme that requires him to moderate the behaviour of his guests

              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.
              #20709
              Marvin
              Flatchatter


                @JimmyT
                said:
                I also believe that the council and police won’t touch cars abandoned on common property as it is technically private property.

                We had a situation where a vehicle was parked on common property.  I live quite close to the local police station, so I went over and asked them if they could give me details of the registered owner.  Turned out to be one of their regular visitors, who had been detained in a cell and was going to be there for an “undertemined period of time”.  The police suggested we arrange for the car to be towed and parked in the street (somewhere legal, of course).  The officer said “might teach the guy a lesson about where he parks his car”.  

                #20703
                g-g
                Flatchatter

                  A video of the car being towed to an appropriate alternate spot would be proof that all care was taken and no damage done? 

                  #20423
                  strataact
                  Flatchatter

                    Not sure about police not acting on Common Property.  In our ACT Complex we reported a car that had been parked for a few weeks, an the police came with flatbed truck and towed it away. 

                    They were interested as the plates on the 4WD showed as being for a Holden Astra when checked on the rego online system – so either the plates or the car were probably stolen.

                    #20424
                    Jimmy-T
                    Keymaster
                    Chat-starter

                      @strataact said:
                      They were interested as the plates on the 4WD showed as being for a Holden Astra when checked on the rego online system – so either the plates or the car were probably stolen.  

                      I suspect they towed it because it might have been used in relation to a crime, rather than just because it had been left on common property.

                      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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