Removal of disabled car space in common area

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  • 15/11/2011 at 9:13 am #7766
    levy issues
    Flatchatter

      I am a disabled owner of a commercial strata unit. Several months ago my partner and I bought this unit knowing it had a disabled parking space which made it more accessible for me. Now the space has been removed without consultation by removing the disabled parking sign – have I the right to ask for it to be re-instated or to be compensated for this decision? What are the least costly options to pursue?

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    • 15/11/2011 at 3:48 pm #14156
      Jimmy-T
      Keymaster

        Are you parking there permanently when it's supposed to be a visitor's or customer car space?  Or is it attached to the property?

        Either way, there's a good chance that the disabled space was part of the development approval for the  complex and you can probably get the council to insist that it be reinstated.

        However, if it is intended as a visitor or customer car space, you really shouldn't be using it as your permanent parking spot.

        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.
        17/11/2011 at 9:57 am #14172
        levy issues
        Flatchatter
        Chat-starter

          JimmyT said:

          Are you parking there permanently when it's supposed to be a visitor's or customer car space?  Or is it attached to the property?

          Either way, there's a good chance that the disabled space was part of the development approval for the  complex and you can probably get the council to insist that it be reinstated.

          However, if it is intended as a visitor or customer car space, you really shouldn't be using it as your permanent parking spot.

          We've checked with council and it wasn't part of the DA. I used the space whenever I couldn't get a park nearby on the street or if in acute pain or when I have a lot to carry. I am aware that someone else from the complex began using it all day most days. The space was never marked for visitors only but a later strata letter was sent to that effect. I would be satisfied if they reinstated it as a disabled parking spot with a maximum 2 hour stay which would sort out the people who are abusing it but right now its up for grabs for anyone able bodied or otherwise. What happens to this space now and who will benefit?

          17/11/2011 at 12:38 pm #14173
          Jimmy-T
          Keymaster

            Your plan sounds like a good compromise.

            Find out the mechanisms (by-law, Executive Committee ruling or building management decision) by which the designation was established and then removed.  The removal may not be permitted if, for instance, it was designated in a by-law.

             

            Then propose a motion for the next EC meeting or AGM re-instating the designation with the restrictions you suggested.

             

            If you need help contact an advocacy service like City and Inner West Disability Advocacy, Suite 8, Level 1, 330 Wattle Street,  Ultimo NSW 2007.  Tel 1800 629 072 or 02 9281 8699

            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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