- This topic has 5 replies, 6 voices, and was last updated 3 years, 8 months ago by .
-
Topic
-
Hello
Is it possible to create a by-law restricting the use of part of the Common Property (CP) Driveway as a turning bay due to the obstruction it imposes on other lot owners from accessing their lots?
We have a relatively small Common Property driveway (about 40 meters), only narrow enough to fit one car at a time. We have a separate area located between two lots (not CP) which is a designated Right of Carriageway, meant to be used as the turning bay for all vehicles. The tenants and owner of one of our lots continues to use the Common Property driveway as their turning bay, rather than the Right of Carriageway, slowing down access and inconveniencing one of the lot owners at the rear.
We have the standard by-law around vehicles stating you cannot “park” or “stand” or obstruct except on a non-reoccurring bases.
We believe this kind of ongoing manoeuvre is an obstruction and hazard (as they are also reversing into the CP narrow driveway rather than turning in the Carriageway). Can we create a by-law for this? Does it interfere with the offenders “free-use” of the Common Property (our position is that it interferes with other lot owners free use and poses an unnecessary hazard). Can the Body Corp create road rules for the Common Property Driveway?
Thanks!
-
Replies
-
I’m a bit confused. How long are they taking to turn around, for it to become an impediment to other owners? Or are they turning in preparation for exiting next time? Or are you just annoyed that they aren’t using the designated turning circle?
In any case, yes, you can pass a by-law that sets reasonable restrictions on the use of common property, including that residents not use the driveway to turn, probably citing safety reasons. Once you have that in place (assuming you have the support of other owners) then you can ping them when they breach the by-laws.
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.
As JT said, you can raise a bylaw.
However in my opinion just because a bylaw is passed and in force does not mean it will be complied with.
Remember that bylaws are not self policing. Someone needs to observe and then report. For contraventions like parking on common property it’s easy to police as it’s usually that the issue is how long people park on common property.
Are you the one who is going to keep watch, take photos or records and then make a report?
Maybe a friendly talk to the offender will work. Often the offenders do not know they’re causing a problem and rectify their behaviour if they are made aware of it.
This is a right of carriageway which allows vehicles to pass and repass but not park in the area.
Unless they park and get out, they are not contravening the usage.
Maybe they can’t reverse down the driveway.
I have the same question as JT. Unless I have misunderstood the question, if it takes less than a minute for someone to reverse in, then exit forwards, how is that obstructing reasonable use of the common property? How often would two people be wanting to traverse the driveway at the exact same moment?
Why don’t you post a photo of the contentious turning area so Flatchatters can see what the issue is that you are complaining about before they advise?
- You must be logged in to reply to this topic.