Flat Chat Strata Forum Common Property Current Page

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  • #55261
    TrainStopping
    Flatchatter

      Hey,

      We have a small 10 unit complex, a mix of renters and owners. We have 5 visitor spots available to share. Each unit also has a dedicated spot which is clearly numbered.

      One particular owner regularly blocks cars in who they believe are not actually visiting the building and are just taking advantage of the parking spots (this RARELY is the case as there is LOTS of roadside parking available) This has become a regular occurance and they have taken it upon themselves to be parking spot police.

      On a few occasions my visitors were blocked in and the owner didnt asnwer their door for several attempts, waiting upto 30 minutes for them to move their car. If this were to happen again and a tow truck had to be involved. Who would this cost? BC or the individual?

      Unfortunately reasoning with them in not an option. They have a long history of being uncooperative with much lesser matters then this.

      Cheers

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    • #55266
      Jimmy-T
      Keymaster

        I can understand the frustration with people misusing visitor partking, but you can’t have parking vigilantes imposing their version of car park justice willy-nilly.

        Apart from anything else, it is probably against the law.

        Section 615B of the Local Government Act makes it an offence with a maximum fine of $2000 to “immobilize” a vehicle without the owner’s consent.

        There are some legal opinions that blocking a car is immobilizing it, just as effectively as if you used a wheel clamp.

        Section 625C says it is an offence not to release a vehicle that you have detained when the owner asks for it to be released.

        In the case of the blocking owner not coming to the door, that could be seen as a refusal to release the car.

        Even if reporting those actions to ppolice seem like a sanction too far, your own by-laws could be used to prevent owners from leaving their cars on common property, where they could be blocking other vehicles.

        If you have a by-law about parking on common property without permission, send the Car Park Vigilante an official Notice to Comply the next time – it’s a warning to behave, but it comes with a sting if they ignore it.

        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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