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Topic
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Situation – open car spaces under the building one of which is legally allocated as exclusive use to my unit. I am overseas and I don’t park a car in that space while I am away but have allowed a friend who looks after my unit to park a trailer there. It is a clean, registered trailer.
I use the unit privately and lock down while away (or allow my agent to provide access to visiting friends).
The Body Corporate has issued a notice to remove the trailer. They have also demanded that my agent register with the on-site manager every time he visits the unit.
I am of the opinion that this would be contrary to any by law. I have requested a copy but they have not provided.
Any advice would be appreciated.
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It would seem to me that if the owner of the unit (IE you) does not have a problem with the ‘vehicle’ in your allocated parking space, why would anyone else be concerned.
Just to be certain that this sort of thing was covered, when we allocate a parking space on common property as a special privilege for exclusive use to a particular unit (ACT jargon, might be different elsewhere), we have a clause that the unit owner is free to allow other residents or visitors to use the parking space if they care to do so.
I suggest you ask them for a copy of the by-law/s that require you to do what they are asking.
(which is what you have done, but try again)
I believe there is something in ‘the Act’ in NSW that says you can’t let others use your Exclusive Use car parking space, or might that just be you can’t ‘sub-let’ your space? Anyone know?
in any case, I can imagine someone else’s trailer parked in one’s Exclusive Use car space might be stretching the friendship a bit.
Maybe in NSW there is some prohibition on letting other use your parking space. Seems odd to me. As it happens I leased a parking space from a neighbour for a year some time ago to accommodate a car I was converting to electric drive. At the moment I have a car in another space that a neighbour is not using and they are happy to let me use it. Lots of people have amicable arrangements with neighbours where one has a spare space and the other has a trailer or extra car to accommodate. I can’t see why the EC would have a problem with that.
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