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Two Lot Survey Strata Scheme. Lot 1 (front house) parks his oversized noisy ute in front of both his structures, garage and carport as his ute will not fit in either structure. The ute is parked wholly within his Lot, the issue is it blocks my view along the truncation of the common driveway when entering my Lot and is offputting when egressing from my Lot, it is an eyesore, noisy and stinks. The renovations done to his lot and the approval for the garage and carport were granted in 2005, considering the circular maneuvering of vehicles, however, this cannot be achieved with his ute, or for that matter any other car.
He removed the garden beds and path to the front of his lot to create an additional parking space that would easily accommodate his ute however he refuses to park it there, he’s concerned his ute might get broken into. I’m sick of looking at his ute, being woken up early hours of the morning when he starts the engine and having sight lines blocked when entering my lot.
I’ve read the WA Strata Act and we have just the default by-laws in place. Is there anything I can do in terms of taking him to the tribunal. For example, the appearance of a Lot, or not causing a nuisance to another Lot. I have more voting rights. Can I vote to pass a by-law that large vehicles do not have permission to access the common driveway? He is not financially burdened in seeking legal advice.
Any advice would be greatly appreciated.
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Hello from over east. I am no expert in WA rules (no expert full stop!) but I don’t think there is much you can do if the ute is parked on their lot, you can’t choose your neighbours and they can largely do whatever they want within reason (eyesore or otherwise). Consider some ‘neighbours be gone’ type fast growth trees to block the view or something like that?
The noise amenity issues may be addressable through environmental protection type enforcement as unsociable noise may be considered excessive. Maybe explore that avenue, but remember you will need to be neighbours and so it is best to try and work out an amicable solution rather than go the legal route. There may be no turning back if you go that way and you will have to deal with the consequences.
Sorry I can’t think of anything helpful.
I think you might benefit from asking your neighbour what it would take for him to not park where he does. If he shows no interest, then you could raise the question of by-law breaches such as diging up the flower bed without written permission (??) and using his lot in a way that affects the peaceful enjoyment of yours – plus breaching the terms of the agreement that allowed him to build the car port and garage.
Once he has calmed down after that, ask him again or suggest mediation. And if none of that works, hit him with by-law breaches and a complaint to the council. It won’t do much for neighbourly relations, but you should get a result.
BTW, it should only take a simple majority vote of the owners (which you hold) to issue a by-law breach notice.
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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