- This topic has 3 replies, 4 voices, and was last updated 5 years, 1 month ago by .
-
Topic
-
In our investment property we have 2 entrances to the carpark which tend to be used by the public as a drive-through/turning circle. It’s not a busy street so the issue is not frequent (maybe a few times a week).
There haven’t been any particular issues that we are aware of but we remain a little concerned as the drive-through space was never designed for that purpose (being access to resident’s parking spots in that location of the carpark and fairly narrow at that). There is a risk that one day our car (or the building) may be impacted by a poor driver. Installing gates is a solution but not that practical.
I guess the question is whether the matter needs to be considered by the OC (for whatever reason) or can safely be considered a mild annoyance for residents?
-
Replies
-
I feel you’re justified in worrying about accidents caused by trespassers, either vehicular or pedestrian. Your OC should consult a solicitor on:
*whether trespassers can compromise your OC’s insurance covers in any way; and
*whether trespassers would be able to sue your OC if they hurt themselves or damaged their vehicles whilst on your property. E.G. Tripped because of bad lighting and split their skull on some concrete; and
*whether trespassers could say that residents witnessed them trespassing frequently but because the OC never stopped them trespassing, that the OC has “adopted” the nuisance or continuing criminal offence and is therefore liable for trespassers hurting themselves or damaging their vehicles whilst on your property.
Trespassing shouldn’t be tolerated on any kind of property.
I have a feeling that a chain gate like the one advertised here would be an economical way of dealing with the problem.
Does anyone have any experience of this relatively simple technology?
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.
Trespassing shouldn’t be tolerated on any kind of property.
A Lot Owner in our block came onto our private property and did some maintenance work without our knowledge and concent. The quality of work is amateur at best.
This work was supposed to be performed by a qualified contractor. He is also an SC member. So far the OC have done nothing to rectify the work. That was 9 months ago.
As you can imagine we are not impressed.
- You must be logged in to reply to this topic.