Flat Chat Strata Forum Parking Peeves Current Page

  • Creator
    Topic
  • #9408
    Jimmy-T
    Keymaster

      When is a someone who’s not a resident, seeping over in strata, not a visitor? When a building’s by-laws say so, is the simple answer.

      “I have started a relationship with someone and about five nights a week I will stay over at his place,” says Mischa on the Flat Chat Forum. “I usually park in the visitors parking spot but this morning I came out and found a breach of a by-law letter on my car.
      “I am not sure what the bylaw is but I assume it says I am breaching a bylaw of residents not parking in the visitor parking.

      “Before I speak to building management (the letter has a note on it asking me to call), I wanted to get people’s opinions on when someone who does not own or rent a unit in the complex goes from being a visitor to being considered a resident.
      “I know I park in the visitors parking spots a lot and am happy to move but wanted to work out what would be considered fair before I speak to building management.”

      There is no statutory definition of a visitor but Mishca needs to find out the details of the by-law she is supposed to have breached.

      Every building has its own by-laws and they might define a visitor as someone who is allowed to park in the parking space for, say,  no more than two hours during the day and, if staying overnight, be required to arrive after and leave before specific times of night and morning.
      Or they could be completely different – in the absence of a standard by-law, it’s up to the Owners Corp (i.e. all the owners) to set their own rules then enforce them.

      One odd little quirk in all this is that there’s not much the Owners Corp can do about the visitor.  There’s no towing or clamping allowed and breaches of by-laws can only effectively be pursued against the owner or tenant that they are visiting.

      But abuse of visitor parking is a big issue in strata and it’s a battle where Mischa doesn’t want to place her friend in the firing line if she can avoid it.

      Our advice is to get hold of the by-laws then make that call.  The strata manager may be just trying to find out who she is and whether or not she’s a permanent resident stealing a visitor spot.

      When do you think a visitor becomes a resident?  Have a look at the discussion HERE, log on and park your opinions (we promise they won’t be clamped).

      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.
    • You must be logged in to reply to this topic.

    Flat Chat Strata Forum Parking Peeves Current Page