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We own a townhouse in a complex of eight, each with a double garage. Effectively there are four houses each side of the driveway; we are the third on the right.
Several of the occupiers park their cars on the common property, but for the two at the top of the driveway this does not cause any issues to any other residents, and the one at the bottom of the driveway also doesn’t cause any problems as there’s plenty of room to get past.
The resident directly opposite us, however, is another story. They park their large 4×4 in such a way that it is very difficult for us to get the car into our garage, and 9 times out of 10 they either are not home or don’t answer the door when we go and ask them to move it.
When they do answer, it’s usually the wife and she can’t move the 4×4 as it’s her husband’s, it’s a manual, and she can’t drive a manual.
We have asked and asked and asked them not to park there and all they say is “council doesn’t say we can’t park here” and today she suggested that we ask the police what they think. They use their garage for storage (her car is permanently parked in one of the visitor spots, but that’s another issue) and refuse to park on the street because they think their cars will get damaged.
She didn’t believe my husband when he told her that my car lives on the street (my husband’s scuba gear and our bikes take up the second spot in our garage) and said that he was lying and that we only have one car, she’s never seen me drive (funny that – my car is always on the street!).
There’s also a language barrier – the husband doesn’t speak English at all so his wife has to translate for him, and her English isn’t spectacular either.
We’ve pointed out that they are in breach of strata bylaws but they don’t seem to care. I suspect they’ll change their tune when they start getting fined, but the issue is that we don’t want to cause problems for the other residents whose parking isn’t causing an issue.
I know we need to talk to our strata manager, but what is the likelihood of them taking action against one resident but not another? So fed up with this issue but don’t want to cause fights with the neighbours that we get along with.
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Actually, you may need to talk to your committee, unless your strata manager has delegated powers (although most do).
But first, check what is says in your by-laws. I’m guessing that if they say anything, it will be that owners can’t park on common property without written permission.
Also, they should not be parking in visitor parking. Essentially, they are parking thieves – they are taking up common property that they are not permitted to use to increase the size of their storage.
Right now, I would ask your strata manager to send them a letter telling them that they are not allowed to park on common property without written permission and that is unlikely to be given due to their previous lack of cooperation with other residents.
Also, they are not allowed to park in visitor parking EVER as that is in breach of both your by-laws and your development approval.
Finally, your strata manager could outline the processes and potential fines that can be imposed if they continue to obstruct traffic by parking on common property, visitor parking and refusing to move their vehicle.
If they don’t comply, and you have the appropriate wording on your by-laws, have a committee meeting and get the committee to give permission to the people who aren’t obstructing access. That would take care of your concern about upsetting your neighbours.
And while they are at it, the committee should ask the strata manager to issue a Notice To Comply regarding the parking in the visitor parking space.
If they feel they are being treated unfairly, it’s up to them to pursue the Owners Corp – you shouldn’t hamstring yourself by second-guessing what they will or won’t do.
Oh, by the way, fines and costs are now payable to the owners corp for breaches of by-laws so your neighbours will not be out of pocket if you pursue this.
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.
@beaglegirl said:
We’ve pointed out that they are in breach of strata bylaws but they don’t seem to care. I suspect they’ll change their tune when they start getting fined, but the issue is that we don’t want to cause problems for the other residents whose parking isn’t causing an issue.I know we need to talk to our strata manager, but what is the likelihood of them taking action against one resident but not another? So fed up with this issue but don’t want to cause fights with the neighbours that we get along with.
I *think* I understand your issue: Some of the illegal parking is OK but some of it isn’t?
It can be a tricky situation because OC/BCs must treat all residents fairly which usually means equally. So it becomes an “all or none” situation.
Nothing else will work in my experience or the OC/BC will be seen to be unfair.
So even those currently not causing an issue would have to abide by the by-laws. Remember that residents and/or their cars will change in the future so the current neighbours that are not causing an issue could be one later on.
@Austman said:
It can be a tricky situation because OC/BCs must treat all residents fairly which usually means equally. So it becomes an “all or none” situation.I’m afraid I disagree and I think that’s a fundamental error we often make in strata – equating equality with fairness.
It would not be fair to the people who can’t get round the 4WD to allow everybody to park on common property and it wouldn’t be fair to the people who don’t cause an obstruction (or steal visitor parking … or refuse to move their vehicle) to prevent them from doing something that does no one else any harm.
That’s why I suggested using the by-law if it exists in that scheme (the model one is below). There is nothing that says if one owner is given permission then all the others must too.
The committee can give permission and if the common property blocking owner feels they have been treated unfairly, they can argue that point at the Tribunal when the Owners Corp pursues them for fines.
The committee can also withdraw permission if it’s not working out. Strata law is meant to be flexible to some extent to allow us all a bit of wriggle room so we can make the compromises required just to get along together.
It’s also intended to be rigid enough to deal with residents who are just selfish and make life difficult for other owners.
I think if every opportunity has been given to the parking thieves to do the right thing and they have refused, then they will have a tough time arguing their case (although there’s no guarantee that a smart lawyer and a dimwitted Tribunal member might have that rescinded).
But I don’t think the concept of treating residents or owners equally figures anywhere in the Act or Regulations. I also don’t believe in pandering to residents who refuse to understand or obey the rules, then demand their rigid interpretation when it suits them.
You could be right and the tribunal might throw out any fines … but before you even get to that, chummy might have made other parking arrangements. It would have to be worth a try
1 Vehicles
An owner or occupier of a lot must not park or stand any motor or other vehicle on common property, or permit a motor vehicle to be parked or stood on common property, except with the prior written approval of the owners corporation or as permitted by a sign authorised by the owners corporation.
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.
I did use the word “usually”.
But OCs/BCs must be fair. That’s mentioned regularly in tribunal cases.
As an OC chair, I’ve had to deal with these situations in my OCs many times over the decades. And the instant we tell a resident not to do something (like park in the wrong place or store junk in the open car park) they always look to other examples of residents doing the same thing to justify their behaviour.
So expect some issues in these areas if rules aren’t evenly applied. Not just now but also in the future when new residents move in and assume they can do as they see others doing.
I agree it might not be impossible to do but it’s a lot easier to administrate and enforce if all residents are required to do the same thing. It makes it a lot easier for the committee too. And in my experience, it has a better chance of working.
But I agree it can be done! For things like pram and bicycle parking on common property, which in my OCs have limited space availability – it’s been granted to residents on a first come basis.
@Austman said:
I did use the word “usually”. But OCs/BCs must be fair. That’s mentioned regularly in tribunal cases.I don’t disagree with most of what you’re saying but, being more optimistic about human nature than I probably should, I’m always looking for more elegant solutions than “one size fits all” (and, yes, I know it’s easier and possibly more effective just to say “there’s the rule now everybody must obey it).
In this specific case, I would be looking at a modified version of Model Bylaw 1 that said something like:
An owner or occupier of a lot must not park or stand any motor or other vehicle on common property, or permit a motor vehicle to be parked or stood on common property, except with the prior written approval of the owners corporation and provided their vehicle is parked in such a way that it does not obstruct or impede access for other owners or emergency vehicles. This is a courtesy, not a right or obligation, and the strata committee may withdraw approval at any time.
That would create a perfectly reasonable by-law that would allow the people who are not causing a problem to keep doing what they’re doing and pull the selfish residents into line.
Having said all that, Beaglegirl should sit down with the other owners and ask for their support (while canvassing the options aired here). Make it their concern and not just her problem. And then someone needs to talk to the miscreant to make them realise that if they continue with their selfish behaviour, they are going to end up in trouble.
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.
Most places would have a very general bylaw/rule/article which says something along the lines of: ‘A unit owner must not use the common property in a way that unreasonably interferes with the reasonable use and enjoyment of the common property by other residents’.
The person who parks at the end of the driveway where it does not impeded anyone or apparently bother anyone is not ‘unreasonably interfering’. On the other hand the large 4WD in the middle of the driveway is impeding the reasonable use of the common property by the person wanting to be able to manoeuvre out of their allocated parking spot. So, there is no unfairness or inequity or whatever in addressing the 4WD in the particular impeding location via this rule.
That said, the 4WD owner could start parking in the place at the end of the driveway where parking is acknowledged to be harmless. Then it would be first in, best dressed there since that area is common property and not given over to the exclusive use of any particular resident.
Designate those areas where parking isn’t going to be a problem as ‘Resident Parking Only’ areas with a sign or pavement marking. Then tell everyone that they can only park in designated areas, and enforce it.
Sharing the spaces amongst all residents on a first come-first served basis is fair, and will probably mean that the existing arrangement doesn’t change, except that there will be no question about favouritism when it comes to applying the rules.
Out if interest, here is the Victorian model rule (by-law) on car parking. Most stratas in Victoria would have this rule:
3.2 Vehicles and parking on common property
An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle—
(a) to be parked or left in parking spaces situated on common property and allocated for other lots; or
(b) on the common property so as to obstruct a driveway, pathway, entrance or exit to a lot; or
(c) in any place other than a parking area situated on common property specified for that purpose by the owners corporation.So, in Victoria at least, most OCs can’t even give permission to park on common property (outside parking areas) without first changing their rules. Changing rules in Victoria is easier said than done – try getting the required special resolution passed in larger stratas!
OC’s could create a parking area on common property but I doubt they could allocate that area to specific lots only without some form of exclusive use arrangement. Or look forward to disputes from other owners/residents.
I agree that it can be done, just like others have said. And it’s probably easier to do it in NSW where special resolutions are achievable. It’s the implementation and ongoing regulation of it that might be tricky. One problem is that residents when they see others parking on common property will simply continue do it themselves. So the OC can look forward to ongoing disputes with them. Not fun for the committee.
Perhaps some signage might work? Perhaps opening up an area that’s available for all residents would work – but it would be a like creating new visitor parking. The Australian parking standard (AS2890.1) has a lot of rules about access widths and clearances that also should be met. It would have to be carefully thought through.
Parking is one of the major problem areas in strata schemes. Residents get very upset with it. I’ve been on the receiving end of that more times than I care to remember.
I hope the OP lets us know what happens!
If anyone is interested, by total co-incidence after I posted above, VCAT today published a case (after the applicant requested written reasons) about rule 3.2 Vehicles and parking on common property where a parked vehicle on common property was causing access problems for another resident:
https://www.austlii.edu.au/au/cases/vic/VCAT/2017/1103.html
In the above case it was one resident v another resident.
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