Neighbour storing junk in car space – should I fence her off?

monique10 wrote:

As the barrier is going to be attached in my lot space, do l actually need her permission to proceed?

Are the garages common property or lot property? That could make a considerable difference.

In any case, she’s the one breaching the rules.  If she wants to get snitty about it, just tell her if she wants to go by the letter of the law, she can get all her rubbish out of the car space and stop parking in visitor spots.

I don’t see the point of the wire netting on either side, to be honest.  If it’s loose enough to allow opening of doors, what purpose does it serve? Also, parking spaces are designed to allow car doors to be opened, even if it means they have to swing slightly into the adjoining space. If her boxes prevent you from doing thi, she should be told to move them.

Obviously in such a small scheme, disputes like this can get very personal – but that doesn’t mean you should let bullies rule the roost.  Perhaps what you should do is show her your plans as a courtesy but make it clear they are not dependent on her giving permission.

And if she does get high and mighty about it, apply for mediation at Fair Trading with a view to getting her to remove the boxes and stop parking in visitor spots.

I am generally opposed to fencing off car spaces and adding a fence to this situation isn’t going to do much top make your life easier.  Honestly, I would go back to her and say,  something like:

Forget the fence, please just get rid of your boxes and stop using visitor parking for your own purposes.

The boxes are unsightly and a fire risk and the garage is specifically designated on the plans for parking cars (if it is). Using it as a store room may be in violation of our strata insurance (worth checking).

Visitor parking is for visitors and, according to strata experts on flatchat.com.au, using the space permanently for your own purposes is a form of theft.  I’m sure that ws never your intention but now that you know that, it’s up to you to do the right thing – and that means moving your accumulated jumble from the car space, as a first step.

OK, this could start World War 3 but you have rights and in this situation, she has none.

I has a similar issue once in our block. The (non -resident) owner used the garage to store chemicals, paints, paper, bags rubbish etc for his business. We are caged, but it was an eyesore, the tenants had no where to park, and was a potential fire hazard. Check your By-Laws. Ours had a standard clause regarding “Storage of inflammable materials”. A letter from the strata manager solved the problem. They would also be in breech of the Visitor parking bylaws as well. So could also send breech notice for that also. Take photos, document everything and make the Strata Manager do all the work to remove yourself somewhat from it being a personal issue. Hopefully the risk of a $2000+ fine will be enough to make them do the right thing, But be prepared that 3x breech notices will have to go out first before you are set to escalate to NCAT for enforcement and fines (s0 I was once advised).

Keep in mind the dividing fences act also. If you paying for it, and its on your side of the dividing line, then you don’t need the other parties approval. Just make sure its professionally installed (doesn’t present a hazard); is in keeping with building (same as what is already installed); and doesn’t affect common property (lighting etc)- to keep strata happy. I’m not an expert in this so by all means get your own advice. -R

Monique,

Other posters make some good points, but I’d like to clarify (and elab0rate) on a couple based on recent experience.

1. Many folk use their car space to store household goods. Your best chance to get the items removed is if you can prove they are a fire hazard. If so, report the matter (with photographs) to the strata committee (do you have one?) and managing agent. I recall (in one scheme I am involved in) folk storing old chairs and tables in car spaces. It was a ghastly sight. The complainant (not me as it was nowhere near my side of the garage, so it did not interest me) got nowhere appealing to the selfish individual nor to the strata committee;

2. If non hazardous items are stored entirely within a car space, some will argue that you have no case (unless there are by laws relating to this);

3. Is there a by law prohibiting owners and tenants from

(a) using car spaces for anything other than parking motor vehicles?; and

(b) parking anywhere but their allocated car space?

If not, then such by laws would be a good addition to your scheme’s menu of by laws. They would be stronger than a by law merely prohibiting parking in the visitor’s car spaces; and

4. While a Notice to Comply (NTC) with a by law is often suggested, please note that according to NSW Fair Trading:

The strata committee, or owners corporation (if it has decided not to let the strata committee issue this Notice), must convene and hold a meeting to decide to issue this Notice or to issue notices for the type of breaches concerned in this Notice, and record its decision in the minutes. Alternatively, a managing agent who has been delegated the function may decide to issue this Notice.

Note: even if you have no committee and the agent was delegated all the powers, he will most likely dance to the tune of the person who championed his hire. Say that person still lives in your complex and has a view on the matter, it’s short odds that the agent will ape those views.

I have seen too often situations where the strata committee refuses point blank to consider issue such a notice, let alone issue a NTC especially when the offender is a committee member.

So at the very least you must (a) familiarise yourself with the by laws of your scheme; (b) write to the strata committee and managing agent listing your concern – or just the agent if there is no committee – pointing out if you believe that a by law or by laws are being breached, attach photographs and state what outcome you want; and (c) ask for your letter to be included in the agenda for the next meeting be it a strata committee or general meeting. That way, while the committee (if there is one) and agent may do sweet nothing, the evidence is clear: you brought the matter to their attention and they declined to act.

If the strata committee or managing agent DECLINE to list your letter on the agenda, then they are failing in their duties and that will require a different strategy on your part.