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Hi,
Typical 60s building block in Sydney, with some garages and some car spaces. Some of the tenants who have car spaces are using this to store items – washing machines, bikes, basic junk, etc. What are the rules around this.
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The rules are whatever you want them to be. If the car spaces are common property, you pass a by-law that limits what can be stored on them.
If the car spaces are lot property, you pass a by-law that goods that are not in keeping with the appearance of the building may not be stored on car spaces.
Also, your local council’s planning regulations may say that car spaces in and around apartment blocks may only be used for parking cars.
My strata scheme by-laws says only a “roadworthy vehicle” can be left in the parking space, yet I have been instructed to move my pushbike (it’s no big deal, really). But it’s just occurred to me – there’s a jet ski on a trailer parked nearby. The trailer is roadworthy, but the jet ski considerably less so. Hmmm … wonder which “bush lawyer” on the committee I can stir up with 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.
I agree with JT that the rules are whatever your owners corporation decides them to be. Where I live, a clause of the conditions attached to the allocation of parking spaces states:
The Member shall not use the area over which a special privilege has been granted or the carport or any other improvement erected on it for any purpose other than the parking and garaging of vehicles, the storage of his, her or their personal effects, and any other purposes from time to time approved in writing by the Owners Corporation. When storing any items other than motor vehicles in the special privilege parking areas Members must:
- ensure that any items which are flammable are stored in a fireproof container;
- ensure that no items are stored in such a way that they may spill or fall over;
- ensure that no items stored pose a trip or fall hazard;
- ensure that no sharp edges are left uncovered; and
- comply with local government requirements for the storage, handling and collecting of stored items.
Storage of larger quantities of personal effects for extended periods can become an eyesore and the Owners Corporation may require the removal of items deemed excessive by notice given in writing to the Member concerned. Where the Member does not remove the item within 7 days of receiving the written notice, the Owners Corporation may remove and dispose of the item. The Owners Corporation without providing any notice may remove or make safe items which are deemed to be a hazard to owners, visitors or contractors.
Some helpful info on parking bylaws thanks gents.
Our carports are part of out lot. We have an agreement where our residents are able to utilise the visitors bays for their 2nd cars only with a written request and approval granted by the council of owners. Currently we have the capacity.
Not in the future if every unit has 2 cars. Expansion of the carpark is on the table eventually. We put this in place recently after many many years of AGM rumblings re rogue parkers. Either single car residents weren’t using their carports at all or in particular an owner that was storing their boarder’s car in their carport and using 2 visitor’s bays for their daily car and also their boarder’s.
This instance we requested that the stored car (registered but not roadworthy and hasn’t been driven in 3 years) be moved off the property as it in an eyesore (it’s a dilapidated bomb). It’s the first thing you see as you pull into the complex.
And the owner’s daily car be moved back into the carport and we approved the boarder’s car to reside in visitors. The interpretation of this is now the owner has left the 2 boarder’s cars on the property (carport and common area) and taken to parking their own out on the street verge. Frustrating as.
If you are allowing visitor parking to be used for extra resident parking, you are probably in breach of your Development Approval.
If it is only allowed with the written approval of the committee, change the rules so that each person who applies has to register the rego number when they apply.
Do an “audit” of cars parked in the car park and reject any cars that are unregistered or unroadworthy. You might even consider a “surrender tackle” contact with the local council to get them to tell uyou visitor parking is for bona fide visitors.
All you are doing is storing up problems for the future and giving some owners free parking at everyone else’s expense.
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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