Flat Chat Strata Forum Common Property Current Page

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  • #43750
    Laser_Guy
    Flatchatter

      Hi All

      Yes, yet another common property parking issue …. (NSW)

      In our case, the sole cuplrit is the son of a Committee member and has been parking in the only possible spot (a tight spce between a wall and stairway) for many years.  Previously a blind eye has been turned to this practice since it doesn’t actually impede other cars from moving in & out of their allotted garages.  However, the spot where this occurs is barely larger than car width & is directly in front of our common electrical services room so, to make room for his car, the cuplrit will move all the bins to the front of the area and in front of the plant room door.  Our electrician when last on-site pointed out that blocking access to the services room was not on (in his terms, illegal), so, not wanting to attract the local or NSW council authorities, we put down some pot plants to block casual vehicle access.  Culprit clearly took extreme exception to that and uncomfortable discussions have occurred.

      To the question:  our Strata manager has advised the Committee that blocking access to the service room was “not permitted” and obstruction of common property not allowed per our By-Laws, but;

      Is there actual legislation that mandates that clear access to the common electrical services room must be provided at all times e.g. for fire safety access reasons etc? My searches for this have not been successful so far.

      Reference to the actual regulation/legislation may, unfortunately, turn out to be necessary.

      Thanks

       

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    • #43760
      Jimmy-T
      Keymaster

        It might help if you detailed where you have searched so we don’t go down the same rabbit holes.

        But, to mix my metaphors, you may be barking up the wrong tree in any case.  The committee member’s son expects to get free parking on common property?  Why would you even consider that?  I don’t know what the cost of informally renting a car space from another resident in your building might be, but in mine it’s about $60 a week.

        So your committee member’s son thinks he is entitled to $3000 worth of free parking and gets snotty when he’s denied it.  This is not a good look for him, the committee member or the rest of the committee.

        By the way, the by-law forbidding obstruction of common property is all you need to ensure access to the electrical services room.  That’s what the by-law is there for.

        So dig no more! It’s a distraction. Have a meeting and tell the young (??) man to get real or you will charge him the going rate for all the free parking he’s had.

        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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      Flat Chat Strata Forum Common Property Current Page