Flat Chat Strata Forum Parking Peeves Current Page

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  • #52511
    stanleyog13
    Flatchatter

      Renter in WA, City of Perth, Apartment with parking in basement

      Corollary: City Council Guidelines adheres to Australian Standard for parking space dimensions in parking lots at 90 degrees, as 2.4 m x 5.5m.

      Issue 1: The gate to the basement parking rolls into my allotted parking space.

      Issue 2: The gate reduces the effective usable parking width to 2.1m making less the standard width of a parking space. (Not Insignificant)

      Issue 3: The gate slides into the parking space in order to permit other residents to enter and exit the facility. Should a resident unknowingly activate the gate to open as I am accessing my vehicle. I have a potential of being crushed and damage done to myself and my property.

      I believe this is significant enough to warrant at least reassigning my parking space, indefinitely. or until the issue with the gate is rectified.

      Strata company has mentioned the following:
      they have advised that in 22 years this has never been raised as an issue and major structural works will not be undertaken at the request of one tenant.  They further advised that the building has not been altered in 22 years and therefore the gate and parking bay was how it was originally built and approved.
      [Property Manager] have also sought advise from City of Perth planning and development and they have advised that the car bay would be considered the correct size unless the gate was a permanent fixture within the car bay.
      Note: the railing on which the gate is required to operate on in permanent affixed to the ground in the parking spot.

       

       

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    • #52566
      kaindub
      Flatchatter

        One would assume that you inspected the property prior to renting it.

        In that case you took it as it is.

        The only out you may have is that you did not inspect the property and relied on the agents representations. If that was the case, then you have recourse against the landlord.

        However , whichever case it is, the strata can’t assign you a different car space. Any other car spaces are either lot owner property or common property. Exclusive use of common property would require a by law and probably some “consideration” ie money. Are you prepared to pay for the bylaw and consideration, because I am sure your landlord won’t?

        #52571
        Jimmy-T
        Keymaster

          … the strata can’t assign you a different car space. Any other car spaces are either lot owner property or common property.

          I can think of plenty of examples in cases like this where the committee has agreed to allow the owners to use a visitor space and swapped with the “awkward” space.  Sure, it’s not strictly legal but there are no stratakops coming round to check.  A friendly arrangement can be made on the proviso that there doesn’t need to be any by-laws or any legalistic over-management of a simple situation.

          It’s a victimless crime and grown-ups should be able to sort this out themselves without running off to lawyers.  There are very few strata schemes that are 100 per cent compliant with the law, yet we survive.

          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.
          #52576
          Jimmy-T
          Keymaster

            I believe this is significant enough to warrant at least reassigning my parking space, indefinitely. or until the issue with the gate is rectified.

            You have Buckley’s chance of this being “rectified”.  The simplest solution is for your landlord to politely request a temporary arrangement whereby your space is swapped for a visitor parking space or a loading bay.

            Getting heavy-handed with this and claiming your “rights”, real or otherwise, is not going to resolve this any time soon.

            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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