Parking on common property

Either your mother or you (as tenant) can apply to Fair Trading for mediation (an obligatory precursor to action at the CTTT).  Then you ask for them to be issued with a Notice to Comply with the by-law (that I assume you have) preventing them from parking on common property. If they breach the NTC they can be fined.

You might want to think about calling council about the change of use of the backyard into a parking area (or marina, by the sound of it).

But before all that, if you think it's worth it, you can have a quiet chat with them about what your options are and explain how their behaviour will eventually lead to no one being able to park on common property ever.  It's entirely up to them.  What they do will determine what happens next becasue all you are asking is that your rights as a resident be acknowledged and respected.

Or, if you think they will be abusive,  you could get a lawyer to send them a letter giving them one more chance to behave (and that means allowing you clear and free access to your garage .. no excuses and no gradual return to the situation as it is now).

But the truth of the matter is that you could go right ahead immediately and sort them out once and for all – but be prepared for some sort of backlash as these people sound like a bunch of selfish yahoos.

Fair Trading are on 13 32 20, mediation is explained HERE and the form applying for mediation is HERE.   Oh, and your strata manager needs to at least explain why they have done nothing.

Well, you tried to do the right thing.  Go for it! And tell your nasty (and very stupid neighbour) that we are watching.

You could also tell the strata manager's secretary that you have the same rights as an owner when it comes to by-laws and she has no right to treat you like a second-class citizen. 

By the way, the old “I'm an owner so I can do what I like” line is getting a bit tired these days.  It's not true now and it never has been.

Here's a rejoinder: “If you don't like restrictions, you're free to go and live in a house. Try parking in your neighbours driveway then.”

I seem to recall our Strata Manager telling us that a visitor can use the space for 24 hours then move on.  I need to get clarification on this timing though as we have had quite a few “visitors” parking for days on end, not moving the car once and as our visitors spots are grass, causing damage.  We also have had one resident who apparently “minded” his friends car whilst this friend when on holidays, parking it in the visitors spot for a week.

Ask your SM if there is, within the bylaws (model or otherwise) something about this 24 hour period.  In the past, our complex has been quite relaxed about this rule as we also have residents who have regular visitors from interstate, usually only staying a couple of days, not the better part of a week or more.  But give them an inch….. So once again, the actions of a few will affect all.

You need to establish under a by-law that there are time limits for the visitors parking.  For example, you could limit it to four hours maximum during the day and/or overnight from 8 pm to 8 am … whatever suits the circumstances of your building.

Owners and tenants are normally responsible for the actions of their visitors under standard by-laws so restrictions and notices to comply would apply to them too.

A problem arises when non-residents who are not bona fide visitors use visitors parking.

I have had a similar issue.  My advice is to make it THEIR problem as well by parking them in at every opportunity – this will be effective in odd hours – if they don’t answer the door, you can call the Police to knock on their door for you – they will tell you it is out of their jurisdiction being a strata issue BUT they can intervene on the basis that the situation could escalate into some sort of altercation if not resolved which then becomes their issue .  You wrote you have parked them in but were abused when you explained why.  Keep doing it and when they honk their horn for you to move your car, take your time.  Then there are a couple of ways you can go about it.  Either don’t talk to them when you are moving your car (either outright ignore them or pretend you are on the phone) or take a dictaphone with you and if they abuse you, say calmly “I am recording this”.  However, if you think this will escalate their abuse, you CAN record them discretely, even though people say you cannot record someone’s voice without their permission, you CAN do this, you just may not be able to use the evidence in court, although this may be possible as I have been in a court hearing where the Magistrate was willing to listen to my recordings of my stata plan neighbour verbally abusing me.  If you want to stop the verbal abuse, show them they are being recorded but if you want to use it as evidence, it is up to you if you want to disclose the recording.  In my case, showing the dictaphone shut them up.  All they would then say is “You can’t record my voice.”  But I can and did and was allowed to use this.  The worst thing you can do is give up your right to park/access your garage as it will get worse.