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Hi there,
I recently got a parking bollard installed on my parking spot after chronically dealing with unauthorised parkers. This was approved by the executive committee.
Now, for a variety of reasons, there are a few people that are unhappy with it. One of the biggest complaints is that it poses a injury threat (ie if someone runs into it).
My questions are:
1. Can the executive committee get it removed? (even though they approved it in the first instance). How easy would it be to do this?
2. What would the consequences be if someone did get injured through the bollard – who would be responsible for this from a legal point of view?
I just want to arm myself with as much information as possible should any action arise.
Thank you
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I'm not expert at all but…
If the bollard is a common design installed according to standards, or at least the same way as is commonly done, I would guess there is not much risk of liability. Otherwise, much would depend on whether 'your' parking spot is common property (OC responsibility) or part of your unit area (your responsibility). The EC could remove it if it is on common property. The EC might still be able to have it removed if it is on your property but might need some external authority to justify that.
If the bollard is not a standard commercial product but something dodgy or jury-rigged there might be some justification for thinking it risky.
Those would be my guesses.
If the bollard is completely within you car space and the car space is part of your lot, the question must be asked, ‘what is anyone else doing walking across your car space?’
This should be considered no different to someone walking through your lounge room and hurting themselves. Unless there is a right of footway (easement) registered over your lot, then this is trespass. Even still, it is important to make sure you have adequate public liability insurance, covering your parking space also.
If you have an exclusive use by-law passed and registered to permit the installation, and this was correctly passed at a general meeting, then you would be somwhat protected from being required to remove the bollard.
However it is still possible for an owner to make an application to OFT to seek mediation and then possibly an order for the removal of the bollard.
I would think it depends on what kind of approval you received. A verbal approval? Did you write to the EC and get a written approval from them? Was it approved at an AGM/EGM and voted on? Was there a special by-law/exclusive use clause?
I believe the type of approval could greatly affect who is responsible and what can be or can't be done to this bollard.
Struggler is correct. The form of approval would greatly affect who is responsible for the bollard and any loss or liability caused by its installation. This would normally be included as a condition in a special by-law.
Simone Balsara
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I think you can safely assume no special by-law was passed. Whether or not you needed one is another matter and it may be something your OC wants to tidy up at the next AGM – eg, who's responsible for any bollards installed now and in the future, who decides what kind of bollards are allowed etc etc.
The fact is, this is one of the simplest and most effective ways of controlling rogue parking. You will always get strata whingers using “health and safety” to stop people doing what they need, and usually for no good reason.
A friend of mine tried to get approval to donate free weights (dumbells and barbells) to her building's gym – the chairwoman objected on the grounds that someone might trip over them. The real problem? She liked having the gym to herself and hated the idea that other people might want to use it at the same time she was there.
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.
The only issue is that you have drilled into common property which you will almost certainly be allowed to do, with written permission (which you have) under both strata law and probably your by-laws.
The person complaining needs to a) talk to the EC, B) talk to the strata manager, c) get a life.
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.
You did the right thing by applying in writing. The EC met and noted the approval in the minutes of their meeting and you received written permission to put the bollard in. So if anyone is responsible for removal (should it come to this) wouldn't it be the EC?
They should have perhaps looked into the matter of bollards (for anyone else wanting to do the same at a later date) and noted what kind of bollards are or are not permitted & where and how they could be placed. Otherwise you could end up with a car park with all sorts of anti-parking devices in place.
jack0818 said:
If say the complainant talks to the strata manager +/- executive committee, what would the process be for them to take it further?
Could they raise this issue in the AGM, and then put it to a vote and have my bollard overturned?
Further, who would cover the costs of removing the bollard?
I’m not sure how serious I should be taking this but there have been a small handful of people that have expressed their views about it. I’m just worried about further action. It’s really causing me a lot of stress. I thought it was all over when they approved it!
Jack, Struggler’s response above is right on the money.
I suggested telling the whingers to take it up with the EC and the strata manager purely as a diversionary tactic to get them off your back. I can’t see how anyone could successfully pursue this through the EC or at an AGM without arguing that they don’t want any control of parking in the building.
Pop-up bollards are probably the most cost-effective and least intrusive way of controlling rogue parking. Your EC should be (and perhaps already are) looking at formulating a policy for allowing bollards, their design and installation so they are ready when the next owner says they want one (as someone inevitably will).
If they wanted to change the by-laws to forbid bollards – which is what they would have to do – they would need to get the support of 75 percent of the owners. If there is any kind of parking problem in your building – as there clearly is – that’s not going to happen.
Meanwhile, relax. This is not an issue that you need to worry about. You have totally done the right thing and remember there will always be whingers and grumblers who have nothing better to do that complain about other people.
The next time they do, give them the address of this website than ask them, every politely, to leave you alone.
JimmyT
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.
Again, you did the write thing if you have written to the EC and they have given you written approval. You have acted upon receiving that approval. If that one EC member was/is against it, then your EC must have gone with the majority on its decision. If it needed a unanimous decision, then they shouldn't have given you written approval. So even if one of the complainers is on the EC, you still acted on the approval you were given.
Unsure about the liability aspect. It is in your parking spot but bolting it down goes into common property. You were given permission to drill into common property. So I am not sure.
I know that in the past our EC, when making decisions, does consider the liability of making such decisions. We believe that if an EC makes a decision that may later result in damage to person or property that the EC may be liable.
Would really need an expert to answer this I feel.
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