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Hi everyone,
I'd like some advice. I live as a renter in the middle unit of a complex of 3. Along the Southern boundary lies the common driveway with garages that are located North of (1st and 2nd [mine] unit) and at the Eastern end of the dirveway for unit 3.
Units 1 and 3 have double garages and my unit has a single garage. I've been parking my second car on the grass outside the house.
Last week the resident in unit 3 had a repairman install an oven and he knocked the drivers mirror off my car. He came to the door, but I was in the shower and couldn't answer; it was only when I went outside to leave for the morning that I noticed the damage. I approached the owner of unit 3 to get the details of the repairman, but she's refusing to get involved and will not provide details. This is obviously causing tension and arguments.
I would like to park my car in the area outside my garage, but the owner of unit 3 uses that area to turn around her car so she doesn't reverse down the driveway. Whenever I park there I get a nasty note or a knock at the door to move my car so she can get out.
What I'd like to know is the legal position of me parking in this spot. Technically I'm not obstructing traffic as she can easily drive in and reverse out (or reverse in and drive out) of the driveway; she can always use the garage area of unit 1 instead, although it requires more turns of the wheel and more time.
I've been nice to this point by staying on the grass, but now that my car's been damaged and the neighbour is reluctant to help, I don't see why I should make her life any easier. I just don't want to do anything illegal.
Where do I stand?
Thanks for listening to my rant and looking forward to your input.
N
PS I've got a shot from Google Earth showing the layout:
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Parking on Common Property is a no-no. Don't go there. But your neighbour is treating you unfairly. Now, stand back while our legal friends tearmy opinion to pieces but shouldn't you just hit your neighbour with a bill for the damage since you know that your car was damaged by someone who was there as her “guest” or contractor. Perhaps explaining to her that it's her responsibility and if she won't give up the oven guy, then she has to pay, might make her a little more forthcoming with his name.
That said, don't go in with all guns blazing – promise you won't park on Common Property (whch you shouldn't anyway) if she does the right thing regarding the damage to your car. Let Peace break out or you face years of sniping and nastiness. As Churchill said, “Jaw-jaw is better than war-war …”
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.
So someone person does the wrong thing by parking on common property and someone else has to pay? Not only breaking the by law “an owners or occupier…must not park or stand….vehicle on common property” but also “An owner or occupier much not damange any lawn….”. So I suippose when the lawn does off, someone else can pay for that too.
If the car wasn't parked where it shouldn't, then the vehicle wouldn't have had to negotiate in reverse to get out of there and would not have knocked the mirror.
If someone pays for (whether by rent or purchase) a place with one garage/car spot/parking bay, then they have only paid for one car. Why should they expect to get another parking spot for free? And why should other residents have to make changes to accomodate?
In this complex we have at least 4 residences that have more cars than garages (including one resident that has 4 cars and one garage), another 4 that have double garages put would prefer to use half their garage for something else (office, gym, storage, drying washing) They all want to park on common property. They all want extra parking for free . And so would I. But I only pay for a place that has parking for one car.
Struggler wrote: If the car wasn't parked where it shouldn't, then the vehicle wouldn't have had to negotiate in reverse to get out of there and would not have knocked the mirror.
Have I misread this? He's parking on the grass (which is his) and that's where the car was damaged by a passing oven, no?
I get the whole thing with too many cars for the car spaces (especially with more kids growing up to drive cars but not using them to leave home) but this seems like a bit of give and take is seriously lacking in this development.
It sounds like NRB is OK on the grass where his car should be reasonably safe from reversing neighbours and itinerant kitchen appliances. On the other hand, if the grass is also common property, then there's only one solution, either park on the street or sweet-talk the neighbours.
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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