Flat Chat Strata Forum Parking Peeves Current Page

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  • #8047
    Jimmy-T
    Keymaster

      You would think, of all the  issues that plague strata dwellers,  parking would be the easiest to resolve.  After all, a spot is allocated to you (or not) and you are allowed to park in it (or not). If only …

      “We have new tenants in our complex who have two or three cars parked in visitors parking and a fourth  outside their garage blocking another tenant from getting in and out of their parking area.

      “I placed  the following notice on two cars parked illegally for over a week: This Car is Parked in a VISITORS PARKING SPACE. Visitor Parking spaces are for the use of VISITORS of all residents We understand that on occasion, residents use these spaces for short periods of time. Please be respectful to all units by abiding by this. Please note – Parking cars on the grass is Not Permitted.

      “The notice was removed from one of the cars, which driven out and returned to the same spot an hour later.” – Sarah C, via Flat Chat Forum.

      Oh dear, Sarah. I think you blew it when you said it was OK to park in visitors parking ‘on occasion’ and Forum StrataGuru Struggler  agrees.

      “The problem here is that the note you left actually gives them and anyone else permission to park there – at least in their eyes,” he writes.  “‘On occasion’ and ‘short periods of time’ are all tolerated in [my] complex but just not in writing.”

      Struggler is right.  You need to let them know that by parking in visitors parking or on grass verges they are:

      a) in breach of by-laws and that could lead to fines of up to $550 and

      b) by breaching by-laws they have also broken their lease which could lead to eviction.

      Yes, they may think they are above the law but they could lose their home.

      A copy of the same notice from your EC secretary should be delivered to the rental agent  or owner of the property. And let’s hope your original note is already in the trash.

      Read the full catastrophe and have your say HERE:http://www.flatchat.com.au/forum/parking-peeves-1/ownerstenants-parking-in-visitors-car-spaces

      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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    • #15302
      Jimmy-T
      Keymaster
      Chat-starter

        This story has just gone nuts on the Domain website, boosting readership of this forum to its highest ever level. You can read the original posts here:

        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.
        #15308

        I guess we could go on forever about parking in Visitor spots, but the fact remains that unless we have a serious deterrent, we will not succeed.  If you clamp their wheels or put stickers on car windows you may be held responsible (i.e. wheel damage or insurance if the sticker blocked their view and caused an accident whilst driving).  Please correct me if I’m wrong.

        The CTTT is almost a toothless tiger and these issues will exist until we get tough on perpetrators.  I said almost because I have been through the process many times with a variety of offenders over several years.  I have presented evidence to the CTTT (photographic & contemporaneous notes) showing offenders parking illegally, some for months on end.  This is after they have ignored the variety of warnings from Security/Building Manager/Strata Manager, and eventually a NTC.

        The first stage of hearings with the CTTT is called Negotiation, and if the offending party(s) agree not to park again (after several months of illegally parking) there is no further action taken (i.e. no fine & they get away with it -totally).  Apart from catching them as repeat offender they will get away without penalty (a pardon for their crimes if you like) and the case will be forgotten.

        If the offenders persist, the next stage of hearings is with the Adjudicator.  The Adjudicator will impose a fine if he/she considers the perpetrators are still offending (evidence provided as above).  And yes they do impose fines from this point – and whilst we keep hearing about this threatening figure of a $550 fine – the best I’ve seen is a little over $200 for an offence over several years.  Go Figure!

        Can you imagine parking your car illegally on the street and having this process in you favour?  Dream on!

        #15309
        Jimmy-T
        Keymaster
        Chat-starter

          Yes, the wheels of the CTTT turn exceedingly slow … and with the uniformity of a superannuated shopping trolley. With that in mind, I have been challenged to back my claim that tenants could lose their homes for parking in visitors parking.

          Quite simply, if tenants are in breach of by-laws, they are in breach of their lease.  Also, if tenants are selfish and stupid enough to cause chaos in the parking garage, there’s a good chance this is not the only by-law they are breaking.  Some tenants really do think they are above the by-laws … so what you do is remind the landlord that the legal precedent has been set in NSW that they are responsible for the behaviour of their tenants when they have been alerted to a problem and have failed to deal with it.

          So every time you send a Notice To Comply to the tenant, you send one to the landlord too (forget all this three warnings nonsense – a Notice To Comply IS a warning).  Pretty soon the landlord is going to get sick of the threats of fines and the Dukes of Hazzard, who have broken the terms of their lease, will be looking for a new garage to invade.

          The threat to tenants who defiantly break or simply ignore by-laws is very real … and landlords and rental agents would do well to point that out.

          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.
          #15314
          struggler
          Flatchatter

            If only the penalties were enough to stop owners abusing the visitors car spots.  Our tenants generally pull their heads in when given a little reminder.  It’s the owners who think they are above the “law” (with some owners believing that by laws are only for tenants and not for owners!).

            We always say in our reminder notes that parking in the visitors car spots is only allowed with the written permission of the OC.  We do believe that there are very valid reasons for parking in the visitors parking.  Should a unit have to have repairs done by the OC and this resident needs to move furniture and belongings into their locked garage for a time, then this would be a reason for parking in the visitors car spots.  We have also held the view that those moving in and out of a unit should be allowed to park there during the couple of days it takes to sort things out (we have all been there, what a pain it is to move, packing boxes everywhere, stuff sorted in the garage etc).  And I could think of other valid reasons that a resident would need and would be granted permission to park.

            The problem is, they want to park when they want to and for whatever reason. Whether they have more cars than garages, want to use their garage for some other reason (storage etc), or they want to hang their washing in there on a rainy day so want to park in visitors spots while it dries.  And if it were allowed, every single one of use would use the visitors car spots (there is one visitors spot for every 5 units).  Even I would want to use one if I could.

            We notify the parking offenders that they are not only parking in visitors car parks (one by law), they are stopping an area of common property from being used as intended (as visitors car parking – another by law) and as the car parks are infact grass, that is parking on a lawn or garden, and this causes damage to common property (thats another couple of by laws there).

            When we last had an uprising in this complex, where some owners wanted there to be a change to allow parking in the visitors car parks, the EC suggested that it would only be fair to ask those who had been in the complex since year dot to have first “dibs” on the visitors car parks.  There was a shriek of horror from the few who suggested this as they had only moved in recently.  They wanted the extra car parking, but they didn’t want anyone else to have it.  So it wasn’t changed.

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