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Hi all. Just wondering if anyone has any comments on this situation. A tenant has asked his owner if he can park a motorbike that he intends to purchase on his front balcony which is really a terrace. He does not have a garage. The layout of the property s that there are single storey units that are located side-by-side with the front door leading to a private terrace. It is similar to an old motel style. Therefore, this motorbike would be driven from the common driveway onto the common grassed area in front of the units then onto the common front path and then onto the private terrace of the unit involved. There are units located on each side of this particular unit. The owner has not yet made a formal request of the owners corporation and we are currently comtemplating any potential issues associated with this seemingly simple request.
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We have a unit owner who rides his motor bike a short distance along a common property foot path before taking it down a short path into his private courtyard. He does this carefully at walking pace and I am not aware that any of his neighbours have a problem with it.
The only issues I can think of would be if your bike rider were not so considerate and careful or if there would be a tendency to create an ugly worn track across the grassed area. Could the rider take a route that was entirely paved?
In situations like these, there is only a problem if there’s a problem. I would suggest the EC allows he bike to be moved across common property and on to th terrace provided there are no issues with, safety, damage to common property, noise and smell.
If the bike turned out to be a de-muffled Harley-Davidson and you were woken every morning and night by its roar and rumble, tyre tracks appeared on your laws and the stench of petrol fumes invaded your homes, it would be nice to be able to reverse the decision without too much hassle.
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.
@JimmyT said:
…If the bike turned out to be a de-muffled Harley-Davidson…When I am not being a strata guru or hifi nerd I am an electric vehicle enthusiast. So, I have to point out that I see nothing wrong with this de-muffled Harley: https://www.drive.com.au/motor-news/we-ride-harleydavidsons-electric-livewire-20140909-10ecb7.html and https://projectlivewire.harley-davidson.com/en_AU
But, yes, I agree that permission could be given subject to the condition that it can be revoked if there are significant, substantial and repeated complaints of nuisance from bring the bike over common property.
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