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My unit is over retail shops. One shop is leased by Kellys Real Estate. They park six days a week in front of a NO PARKING NO STANDING sign.This blocks the entrance to the garbage room and wash bay. Some times 6 cars. I have rang the body corp office another real estate office and get “I will write to them”. There are spaces to park one floor down. They are empty while they just park where they like.
Is there anything I can do ?
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The EC could write (or just talk) to the real estate agent whose vehicles are blocking access. Most bylaws/rules/articles will have a catch-all rule that says a unit/lot owner must not interfere unreasonably with the reasonable use and enjoyment of the common property by other residents. Blocking access to common property facilities would count as unreasonable interference. In the ACT (perhaps elsewhere is similar) there is a specific provision in the Act for a resident to ask the EC to issue a ‘rules infringement notice’. I would start with asking the EC to ask the estate agent to please observe the sign. Move on to heavier action if that does not work. Ultimately the state tribunal could give orders that the common property facilities not be obstructed. Failure to comply would be a legal offence.
You could always “alter the aesthetics” of the car door handles. Or just print that column out and stick it on their windshields
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.
Your strata manager seems a little sympathetic to the miscreants, who are obviously doing things for their convenience at the expense of other residents.
Depending upon what delegation she has, it may be necessary for the Executive Committee to meet and agree to a Notice to Comply with a By-law to be issued against Kellys.
This is the first step in taking the matter further to take action in the Tribunal.
The procedure is here: http://www.flatchat.com.au/by-laws-and-breaches-the-options/
I wonder whether it would possible to install a bollard or similar obstruction to physically prevent cars parking in those critical spots.
Maybe there is somewhere the ‘Kellys’ could park that would not obstruct access to facilities? If so perhaps they could be granted exclusive use of such a space in exchange for some benefit to the OC generally (eg. a fee).
I like the bollard idea, but why should the rest of the OC pay for that? A notice to comply could include the suggestion that if the notice is not complied with a bollard would be installed and orders sought to recover the cost for its installation. If the OC gets compliance from the bollard threat, that’s good. If the OC has to put in a bollard, the cost is small anyway. If the OC gets the cost of the bollard back, that is all the more satisfying.
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