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Dear All..
After being a passive reader for a while, I have unfortunately started to feel the pain of strata living..
I have a parking spot in a block of over 60 units. We have an active EC of 8, who until now been very active, however many issues go on for months and months, especially maintenance ones, cleaning etc.
We have a secure, open parking lot of 3 basement floors, not seen from the outside of the lot. each unit has it's own parking space, and it's on title.
Recently I have noticed in the minutes they have sent two 'notice to comply' to two units because their cars are bumping out into common property due to heaps of storage items on their parking spot, and are about to to another 4 units, despite the fact we are all within our boundary.
They claim that in general, storing items such as cartons etc or having the car bumping out worries the fire department and we might loose our fire safety certificate.
They also say that it looks 'unsightly, excessive and vermin inducing'.
I have started an email quarrel with them after doing my own review and finding out that
1. not only about 30 units having 'breached' their conditions, one of the other units on the 'notice to comply list' actually meets what they think is 'appropriate' in terms of neatness, some units actually have much more storage than I am, or their car stick out, or the storage spills into other parking lots, and one even stores two gas cylinders, and 90% of the units store cardboard boxes.
2. Verifying with Fair Trading (I'm in NSW) that indeed I can use my parking spot for storage if I want to, and worst of all:
3. the EC chairman and who I believe is the main force in this decision has a nice lexus so big + a storage unit that his car can't fit in the space and will never will, unless they park the other car outside (they have a 2 car space and 2 cars there). That really got me fuming, given that so many other REAL issues that I am chasing up with them such as grout spillings, ongoing issues with cleaningness etc are not dealt with to my satisfaction, and yet I am being polite with them, don't go to Fair Trading etc and try to keep the peace, this is not met by them.
I would like to know what you think might happen, if they have a case, and if indeed they have any grounds to tell anyone waht to put or not to put in his own lot (fair trading said no but I would like second opinions.., just to be on the safe side..). I feel that it's the equivalent of telling someone how his own apartment looks like from the inside, plain rude..
Cheers
confused from NSW
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Replies
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A few points here. Firstly, I would not go into battle based on anything anyone from Fair Trading told me over the phone. They can only reliably tell what you can and can't do based on the by-laws of your building, not the 'model' by-laws on their screens. The fact that many of their operatives don't even realise this themselves is enough reason to take their advice with a massive pinch of salt.
Which brings me to point 2 – what does it say in your by-laws? If there are items like keeping the appearance of the car park tidy etc etc, or not storing goods in car spaces, then your EC has a case. Whatever it says, the Notice to Comply has to state which by-law is being breached. If no by-law is being breached then they have no case. Again – this is YOUR by-laws: not the model by-laws or the ones you think you might have. It's the by-laws held by your strata manager and secretary and of which you should have an up-to-date copy.
Point 3 – just because 'everybody else is doing it' is not a reason to breach by-laws. If you and the majority of people in your building think there should be unfettered use of parking spaces for storing goods but your by-laws don't allow that then the time to make that point is at an AGM (or EGM held to discuss the issue) where you can vote to change the by-laws.
Notions of what is acceptable or otherwise regarding the neatness of stored goods is purely subjective and therefor meaningless unless it is specified in a by-law.
The question of the chairman's car is a different issue entirely as it sounds like he is (partially, at least) parking on common property, by any objective measure, and that is likely to be forbidden in the by-laws.
If the fire safety authorities are genuinely concerned then they will issue a fire order to which you and all owners must comply.
Also, being 'breached' for one issue isn't invalidated because you have a complaint, however valid, about another issue. If there's a level of hypocrisy at play in your EC, then the time to raise that is at an AGM when the EC is up for election.
There is a solution to all this. Early in the history of my building they passed a by-law requiring goods to be stored on specially designed boxes that sit off the ground so you can park the nose of your car under them (the company is called Box Thing but there are other brands). It's a compromise solution that gives everyone a lot more storage, keeps the garage neat, avoid fire and vermin problems and isn't too expensive.
I would suggest your OC approves a couple of options and sets a date, say six months hence, by which time everyone either installs one or clears their stuff from their car spaces – problem solved.
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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