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  • #7904

    Our 30year old block has individual car spaces within an open garage area secured by a button entry rolladoor.  This was not an original feature of the building but installed some 20 years ago to circumvent break-ins. Given the car spaces are on title, I understand residents can use this space for storage as well as (in some cases instead of) car parking.  Is there a way to limit the volume of items stored – for example, one space contains a trailer around and above which items are stored to the ceiling and to the line of adjoining residents' space.  It would seem to present a risk of damage to person and/or property.  Any advice on how to handle?

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  • #14705
    Jimmy-T
    Keymaster

      If the spaces are designated as car parking spaces on the plan then it’s reasonable to assume that that is all they are permitted to be. If they ar designated as car parking and storage, then you have a different problem.

      Then you need a by-law specifying what can and can’t be kept in car spaces (regardless of whether they are lots or on common property). The issues are fire safety and the look of the garage – nothing depresses unit prices quick like a garage space that looks like a tip.

      My building has very strict rules and storage is only allowed in a box thing that’s called, conveniently, the “Box Thing”. Goods can be stored out of sight but cars can park with their bonnet under the box.

      You may already have a by-law covering the guy who has stacked his space but I would think your fire safety inspectors would have something to say about it.

      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.
      #17959

      @JimmyT said:
      If the spaces are designated as car parking spaces on the plan then it’s reasonable to assume that that is all they are permitted to be. If they ar designated as car parking and storage, then you have a different problem.

      Then you need a by-law specifying what can and can’t be kept in car spaces (regardless of whether they are lots or on common property). The issues are fire safety and the look of the garage – nothing depresses unit prices quick like a garage space that looks like a tip.

      My building has very strict rules and storage is only allowed in a box thing that’s called, conveniently, the “Box Thing”. Goods can be stored out of sight but cars can park with their bonnet under the box.

      You may already have a by-law covering the guy who has stacked his space but I would think your fire safety inspectors would have something to say about it.

      how do you write a by law identifying what can be allowed within a car spot

      #17961
      Paul2000
      Flatchatter

        You should have a by-law similar to model by-law 17 contained in schedule 1 of the Strata Schemes Management Act as follows:

        Appearance of lot

        (1) The owner or occupier of a lot must not, without the written consent of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.

        It is a question as to how prescriptive you want to be as the whole thing can become a bit subjective. However, if the EC resolve that the owner is in breach of the particular by-law then you don’t have a problem – except to enforce it.

        If there is still a problem with the owner then I would have a fire safety inspection, as that in my opinion, could be  a bigger issue.

        #17972
        Austman
        Flatchatter

          We have the same issue in our OC of which I’m a member of the EC.

          The Plan of Subdivision does not call our open plan car park a ‘car park’ as such – it’s just an area where there are parts of the lots.  Nor is it called a car park on the building plans – it’s simply a ‘basement’.  But clearly, it is a car park.   We have no special rules or by-laws re car parking – just the standard ones for Victoria.

          We have the same issue with storage.  Some residents treat their car spaces as a junk yard.

          It’s often mentioned that OCs could stop this ‘storage’ because it’s a potential fire hazard.  But is it really?  I see other car parks that have grill cages that get filled with ‘stuff’ that no-one seems to think is a fire hazard.

          Could someone point out the rules/regulations of what actually is a fire hazard in a car parking area?  Cheers!

          #17976
          Boronia
          Flatchatter

            Our block has a section of the “basement” set aside as a storage area with 21 2m x 2m lockers separated by only chain wire fencing. These would constitute a much higher fire risk than similar material stored at the back of car spaces. We had a fire in the store area a few years back which destroyed everything stored there.

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