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Our Strata Committee has written a new Bylaw to control illegal visitor parking. Is states hours allowed each working day and on weekends. It contains all relevant information re penalties, council DA rules etc etc. The SC is happy with the contents of the new Bylaw.
So do we need to get a lawyer involved?
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If nobody can see a problem with it, I can’t see that you need a lawyer. Send a draft to all owners and ask for comment. If none of them can see a problem, then it is very likely that there is no problem and it will pass at a general meeting. It’s probably not rocket science and sounds like it is well considered having reference to DA conditions etc.
The worst that could happen is that you try to enforce the new rule and the validity of the rule is challenged and it turns out to have some flaw. If that happens, you amend the rule to fix the flaw.
The worst that could happen is that you try to enforce the new rule and the validity of the rule is challenged and it turns out to have some flaw.
My own caution would be if there are particularly belligerent or litigious residents in the block. Unless your by-law is watertight then you could be tied up for months with challenges and appeals which is going to cost you time, energy and money anyway. A good lawyer will already know all the potential landmines and tripwires.
For instance, what if you define the maximum visitor period as, say two hours, and a rogue parker just moves to another spot or takes the car for a spin round the car park every couple of hours.
You wouldn’t need a by-law unless there was some selfish person already bending the rules. Don’t sink your ship for a ha’pence worth of tar.
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.
…Off to see the Strata Manager for advice? …
While the Strata Manager is not a lawyer, they will have seen plenty of different parking rules and many instances of people trying to enforce or evade them. You pay them for their experience, so yes, definitely, run it by them as well.
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