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I have a friend who has a question and is confused, about the “Parking issue”.
He is the owner of a unit in a strata property.
-He is going through some tough times, and can’t afford to re-register his car. The Building Manager/Caretaker has asked him to re-register his car or tow it away, as it’s not roadworthy and unregistered. It hasn’t yet gone to the OC executive comitee meeting as it’s a recent issue.
But I’m thinking it’s perfectly legal for an owner or tenant to park an un-registered car in there Lot car park. Not the “Visitor car park”.
Look at like this, an 18-yr old Uni student lives at home with his 45-yr old parents. He parks his unregistered car in the garage. He leaves it there, and doesn’t drive it or park it on a public road.
-I can’t see how it’s Illegal to have an unregistered car or an unroadworthy car in a strata Lot car park, if you are the owner or a tenant in the unit you live in,and if your the owner, you also may own that Lot car-park. I don’t see how the building manager can ask him to register his car, or if not tow it away, it doesn’t make sense.
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There is actually a very simple answer to this. The building manager can’t order anyone to do anything except stop breaching by-law. So your friend just has to ask which by-law he’s breaching. No by-law, no breach, no problem.
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.
The building manager cannot do anything as long as the car isn’t parked on common property or in a visitors car park spot. There are no regulations that I am aware of about the storage of unregistered vehicles on private property.
As a building manager I am often asked to do things by owners corporation representatives that I cannot do. This is one of them. I agree with the comments below. No breach -no action can be taken.
Ok,
What about items that are not vehicles such as storage containers or machines!
Thanks,
David
If the space is deignated as a car park, then it should only have cars parked in it. If it is common property, then look at the by-laws. If it is lot property, then again, look at the by-laws, specifically relating to lot property and things that spoil the appearance of the area (like junk).
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.
How about a boat with an outboard motor attached parked in the unit’s space?
I’m not sure if this is covered by a by-law and i don’t know if you can call the boat and outboard junk.
One breach that does come up though is the tenant parking their vehicle in the visitors parking space since they have their boat in the unit car space.
@Felix said:
How about a boat with an outboard motor attached parked in the unit’s space?One breach that does come up though is the tenant parking their vehicle in the visitors parking space since they have their boat in the unit car space.
Is the boat dangerous or unsightly? Does it smell offensively?
In any case, deal with the illegal car parking and you may solve the problem of the boat. The tenant is a parking thief and should be dealt with accordingly.
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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