Flat Chat Strata Forum Common Property Current Page

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  • #8291

    I’m an owner in a unit block of 30 apartments. The lock-up garage areas are separated on either side of the building with 2 driveways for either side: garages 1 – 5 squeezed together on one side of the building (one of which is on title to my unit).

    The driveway is extremely steep and narrow, with a bit of “garden” (I use the term loosely to describe what amounts to a few plants) creating awkward angles that make it impossible to drive a car (even a small car) up or down without scraping the bottom of it on the cracked and uneven concrete driveway, or do any manoeuvres to either reverse/drive in to my garage.

    The other side of the building has the lock up garages for the rest of the building with its own driveway, again very steep but with ample space at the back of the building to turn your car around and park however you want in the garage.

    I’m stuck having to park on the street, which is restricted 2 hour parking. Not great. The other owners for the units with garages on my side all have the same problem, either parking on the street or renting a second car space somewhere else.

    I’m wondering would we have a case to ask the executive committee to redesign the driveway given its poor design to begin with and remove offending “garden” beds to make more space for us to park our cars in our garages. Any advice would be helpful. Thanks.

Viewing 6 replies - 1 through 6 (of 6 total)
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  • #16047
    struggler
    Flatchatter

      Rather than going for a “redesign” angle to the EC, I would be inclined to go for the safety issue. A cracked uneven driveway not only causes damages to cars but could be potential trip hazards for anyone walking down the driveway. We had someone fall on an uneven surface in my complex. With the resulting insurance claim, the insurance company made us make improvements throughout the complex that they thought was a safety hazard, not just the uneven surface in question.

      And does this garden area pose a safety issue too? To either people or cars?

      Has your complex had its 10 year sinking fund export done? Ours included a schedule for having our driveway resurfaced. Driveways are common property that need maintenance just like any other area of the complex. Perhaps because your side has fewer garages the majority of the residents don’t realize just how bad the situation is. We have had issues here where a resident complained about an area needing attendance, an area that only a few residents accessed. Hard to address an issue that you don’t know exists.

      #16048

      I don’t know if the garden area poses a “safety” issue, it seems like it was put there in an effort to make the building look “nice” but it’s certainly not placed in a practical spot for getting a car into the garages. And yes the driveway is cracked and uneven, particularly at the bottom near the road so other people could potentially trip over when walking along the street, plus the damage it does to the bottom of cars.

      Thanks very much for your advice!

      #16052
      struggler
      Flatchatter

        Is there adequate lighting to define the different levels between the driveway and the garden area?  If not, that could be a safety issue, someone may not see the different levels in the dark and could fall and injure themselves.  Could a car get “stuck” in the garden area when attempting to drive/back out of the garage?  Car stuck in driveway blocking access to all other vehicles – could pose a safety issue for residents with medical issues?  Of course a car could block any driveway at anytime for any number of reasons.  But when you have a factor that may increase the chances of this happening – then perhaps you have an issue to for your EC to address.

        If it was me I would point out all the safety related issues you can find with this rather than ask them to ”redesign”.  When anyone hears the word “design” they think chintz cushions and tie back curtains – therefore not worthy of immediate consideration.  But when they see the word safety they should really take note and look into the issue.

        #16058
        scotlandx
        Strataguru

          If you are effectively unable to access your garages, then that is probably sufficient grounds for rectifying the situation.  There are five of you who can’t use their lots (assume they belong to each owner) for their intended purpose, so the OC has a responsibility to ensure that they can.  It’s a bit like being on the top floor and the only way up being impassable.

          #16087
          Anonymous

            Hi Lucia,

            Am I right that you haven’t spoken to the EC yet? If not then go and talk to your chairperson have it put on the next EC meeting. Also put the issue in writing to the SM. Give them time to review and address and if they don’t respond in a manner that deals with your concern you could make an application under section 62 of the SSM Act that the OC is not maintaining the common property and seek an order for the required works to be undertaken.

            However this action may not make you the must favorite person in the building, so give diplomacy a go first, however it’s good to have section 62 to fall back to. It’s best to have these types of applications prepared by a Strata Lawyer (The cost should be minimal) .

            If the EC wants to help then we would be happy to provide a quotation to do the design, write the scope and send to tender.

            Chris Mo’ane AIAMA, MASBC-CPC
            GMD Integrted Consultancy Group
            Principal Sponsor OCN, Corprate Members SCA, FPA

            #16150

            Hi everyone, thanks to all for your advice! You came up with ideas and issues that I and other owners didn’t even think of. We’re currently talking to our chairperson and the driveway issue is going on the next EC meeting. Fingers crossed it gets sorted out. Thanks for your help!

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