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Topic
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How do you reclaim two (2) visitor’s parking bays, that have been blocked off with rollers doors? No by-Laws in place, owner and strata Manager and property Manager will not allow us to use these bays. Perth Wa
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Sugest you go here and download the guide:
https://www.landgate.wa.gov.au/corporate.nsf/web/Strata+Title+Information
Seems you need to take action at SAT* (cost $55) to get the roller doors removed and Visitor Parking returned to the strata. Even with a bylaw in place Strata Owners CANNOT seize Visitor Parking bays without council approval due to the Development Approval conditions.
Seems to me to be an open and shut case and the max fine if the doors aren’t remove is $10,000.
[*SAT is the State Administrative Tribunal – Editor]
On thinking about this I don’t think you need to go to SAT provideing you have enough votes to pass a motion at GM or Committee meeting to restore the common property to it’s origional state.
Once motion is passed the EC or OC would tell the offenders to remove the structures at their own cost within 14 days. If they refused or declined the EC or OC would have the structure removed and the offender would be billed the cost.
The OC are perfectly within their rights to make changes to the common property once duly authorized and this would force the offenders to go to SAT to try and stop the removal (fat chance).
If you don’t have the numbers to pass a motion my first response would apply.
@cate said:
… from someone who has taken an interest in a complex i would recommend that people stay right away from strata properties and so called specialist strata management companies.It’s unfortunate that you have had a bad experience and many of us have had similarly frustrating times. However to dismiss all of strata and all strata professionals because things didn’t work out the way you wanted is, frankly, ludicrous. It sounds like you may be better suited to a free-standing house – some people simply are – but, personally, despite all the hassles I have endured over the years, I wouldn’t live in one for quids.
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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