Flat Chat Strata Forum Parking Peeves Current Page

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  • #52564
    surrounded
    Flatchatter

      A couple of years ago the unit next to mine was sold to the current owners who had been told that the parking spot next to the unit belonged to that unit. In fact, our strata has scramble parking which they discovered as soon as they moved in.

      After a matter of weeks they sent a letter to our strata managers asking that I not park in that spot. The strata manager replied that I was perfectly entitled to park there, which I continued to do although such instances were rare as I usually ride a bike to work and when I do drive I get home later than they do so that they have parked there.

      After a weekend away they returned to find me parked there and another car belonging to a tradesman in the adjacent spot. They parked in front of my car, blocking me in. I was then threatened by them after saying that I was going to send a photo to the strata manager which I did. The strata manager sent them a letter to which they responded that hey had been unpacking their car which was not true as I was out there for at least 20 minutes and I did not see them go to the car at all.

      They have chosen to ignore me for all this time but now have bought a second car which seems odd as only one of them drives, the husband stays home and does not drive or work.

      Recently they have started parking both cars in these 2 spots which are between 2 buildings meaning that I have to park further away which of itself doesn’t bother me. However, I still asked them not to park in both spots as it would appear to be selfish. I was told that they would do as they liked and that I was upset because I no longer get my way, although how they would know what I think escapes me given that they have never had a conversation with me other than to threaten to hurt me. Which he could easily do being a black belt in karate.

      As they can only drive one car at a time they are now parking in that first spot all the time as when someone else is parked in the second spot they shuffle the cars depending on which car they take out. Effectively they have privatised a common property parking spot. Are they allowed to do this?

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    • #52578
      Jimmy-T
      Keymaster

        The best way to deal with this is to establish a by-law that sets the rules that allows the fair use of the parking area.  They could include clauses like:

        1. Only one vehicle per household can use the parking area at any one time.
        2. Vehicles may not be left in the parking area for more than 24 hours at a stretch without written permission of the committee.
        3. Re-parking cars is forbidden. Vehicles vacating a space may not return to the car park any sooner than 30 minutes from the time they leave.
        4. Vehicles may not be left unattended on common areas, including adjacent to parking spots.
        5. No owner has the permanent right to park on any parking spot.

        Once you have a by-law in place, then everybody knows exactly where they stand and you have documentary proof so that over-zealous estate agents know they can’t sell or let units with a promise that they have a dedicated parking space (although that may not stop them).

        The Owners Corporation can set any rules it likes for  common property. But if you don’t have a by-law in place, whatever it actually says, then you are going to have nasty squabbles like this and things will only get nastier.

        As for the neighbours being told by the real estate agent that they had the right to park there, that’s something they need to take up with the agent. It is not you or your committee’s problem.

        Our sponsors StrataAnswers or Sachs Gerace Lawyer would certainly help with drafting such a by-law (for a fee).

        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.
        #52605
        David Ng
        Flatchatter

          Is there a way that parking spots could be allocated? Surely that would resolve the problem for all time?

          Apart from the interactions between you and the other people, I really can’t see the problem. If it truly is ‘scramble’ parking then surely it is first in ‘best-dressed’?

          As long as they only have the number of vehicles allocated to their unit, then moving a car when one moves out, whilst annoying seems logical for them.

          As for the clauses suggested by Jimmy above, specifically 2 and 3, well I would have problems adhering to them sometimes.

          Currently here in VIC, I can go a week and not move my car. Would I be forced to drive away every day for at least 30 minutes? Also, as a shift worker, when possible I use public transport, so again it can be several days between car movements.

          How do I move my car when I go away on holidays (assuming we’re allowed to again)? What if I’m sick and can’t leave for a few days? And thousands of other legitimate reasons for not driving.

          As for not being allowed to return within 30 minutes, well, heaven forbid I am quick at the shops or only going to collect something from the post office. Do I have to wait until the 30 minutes is up? Or even if I forget something and have to return home to collect it?

           

          #52617
          Jimmy-T
          Keymaster

            Is there a way that parking spots could be allocated? Surely that would resolve the problem for all time?

            I assumed there were more apartments than car spaces, otherwise, yes, this is the solution.

            Currently here in VIC, I can go a week and not move my car. Would I be forced to drive away every day for at least 30 minutes? Also, as a shift worker, when possible I use public transport, so again it can be several days between car movements.

            Hence the mention of “written permission”.

            Do I have to wait until the 30 minutes is up? Or even if I forget something and have to return home to collect it?

            That assumes there is someone standing with a stopwatch (which there wouldn’t be).  This is really to stop people like the black-belted neighbours pulling out of one slot and straight into another.

            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.
            #54276
            surrounded
            Flatchatter
            Chat-starter

              Apologies for not getting back to this sooner.

              First I will say that I forgot to mention that I am on the strata committee and have been for 20 years. Not that seems to be helping me at all in this situation. In fact another committee member has implied that because I am we shouldn’t do anything about it unless it also affects others. That leaves me speechless.

              Anyway, to your suggestions.

              As you have probably realised there are less spots available than units, so we obviously cannot allocate spots to units.

              I thank Jimmy for his suggestions which I think are reasonable although I, like David, drive a week apart some times so that may be too prescriptive. My main objection is that as it is now no one else will ever get to park in that spot which is actually common property. Clearly, that is not as it should be.

              This has never been an issue for 17 years until they moved in but it is something that needs to be resolved so it cannot recur in the future so I like the idea of drafting a new by law which spells it out much better than our current by laws.

               

              #54279
              Jimmy-T
              Keymaster

                In fact, another committee member has implied that … we shouldn’t do anything about it unless it also affects others.

                Anything that affects common property affects all owners to some extent, even if it’s only a potential financial liabilty rather than having a direct impact on their lives.

                Any by-law should be directed at managing the access to common property, rather than directed at any single individual (if possible).

                Doing nothing will come back to bite you when the new owners sells or lets the property, and includes the car space in the deal, using phrases like “accepted practice” when your committee objects.

                And here’s another thought – have you considered installing car stackers or a turntable to make better use of the space, including having a parking spot for each lot. You could then sell the spaces to owners to cover the cost of the installation and increase the value of each unit considerably for minimal shared cost.

                Have a look here: https://www.turntables.com.au/car-turntables/

                 

                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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