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Topic
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Hi,
I’m Andrew, currently living under strata in Sydney.
I have a question regarding an area to wash a car.
First of all, we do not have a designated car washing space in our complex.
What I, and other owners have done is temporary use the visitors parking space for up to 1hr to wash our cars. Once finished we would move our cars back into our garage.
I was then told off by the EC secretary for not asking permission.
Question is, do I really have to ask for permission on a simple task like washing a car in a complex with no designated car wash areas?
It’s not like we park there all day and night and plus, rarely the visitor’s parking gets occupied.
Any suggestions from strata lawyers would be very appreciated.
Thank you.
Andrew
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Replies
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Andrew – I’m not a Strata Lawyer, but can offer some advice.
Firstly, a strict application of the NSW Strata Schemes Management Act (SCMA) would be that residents cannot use a visitors’ car parking space at any time; they’re strictly for use by visitors, and the Executive Committee Member’s advice was therefore was legally correct (albeit poorly expressed).
That said, even a “black-and-white” person like me wouldn’t be concerned about the use of one visitors’ carspace in the manner that you and your fellow owners have informally arranged.
Clearly though, your Executive Committee takes a different view, so perhaps attempt to legitimise the use of that area by you and the other owners placing a Motion on the Agenda for the next General Meeting requesting the Owners Corporation to grant a “licence to use common property” under the provisions of Cl 65B of the SCMA.
That said (and before someone else does) there are other impediments to the use of designated visitors’ carspaces for other purposes (including those related to the terms of the original Development Consent for your Plan), but in my opinion all those could be overcome by way of the terms and conditions that may be imposed under Cl 65B.
Hi,
Thanks for the reply.
Yes I do believe the EC’s advise is correct. I just think if the person is more reasonable, it would put a smile to everyone’s face.
Another question is, if this matter is taken to the CTTT. Does the EC must approve before this is lodged?
Because right now I feel only one person in the EC is taking it out on me.
Also, if any vehicle of friend’s & families enter the common property, does this automatically make myself the unit owner, own all these vehicles?
I just feel yes I do own it because it’s my responsibility once they are on common property.
Thank you.
Andrew
Hmmmm… I thought that there may have been more to your original questions.
There are a couple of possibilities, but the usual one is that the Executive Committee would have to hold a meeting of all members in order to vote on whether or not to issue you with an official warning letter called a Notice to Comply, and only if you do not comply can the matter then go to the CTTT.
If you are being visited by family and/or friends then you are responsible for ensuring that they comply with your Plan’s By-Laws, and those would include using only the visitors’ carspaces to park their vehicles, and them not making any noise that would disturb other residents.
We are a NSW strata plan and have had a designated wash car area for 40 years with no apparent problems. I’m not sure how it originated but this car wash area is near a water tap with hose attached.
As only a few people use this car wash area and always return their cars to their own designated car spaces immediately after washing, there doesn’t seem to be a problem.
The car wash area is not a designated visitors car space but just the plans common property.
Occasionally, and by that I mean a few times a year, visitors do park there but hardly more than overnight.
Our residents do not seem to have a problem with this.
Unfortunately the car wash sign was taken down during painting of a fence and not replaced.
We have 9 designated visitors car spaces.
The are often EPA/Council issues with a designated “car wash”. It would probably need to have proper drainage, with an arrestor pit to stop contaminants going into the stormwater system. Depending on the site, it might even need a bund wall to restrain waste water.
If there is no proper drainage, where does the water go? If it just stays where you wash, does it constitute a “safety hazard”? If it runs out into the street you may have the council on your case.
Boronia et al – It’s actually worse than that.
In order to keep muddy water out of the stormwater system, the all so practical EPA (NSW) has in the past advised Councils to require the wash water from residential carwash bays to be directed to the sewerage system via a coalescing plate oil/water separator set below-ground.
All that does of course is to load-up the sewerage system with even more stormwater during rain events (that dump rainwater on the carwash bay), so the Sewerage Authorities then required carwash bays to be bunded and covered by a roof with a 20° overhang, and for that separator to be totally emptied every 3 months.
For what purpose I ask? When society has resolved all of its real pollution problems, maybe then it can focus on the muddy water generated by people washing their cars; as if Owners Corporations don’t have enough maintenance responsibilities already!
My advice, don’t have a carwash bay and either wash cars on the grass, or spend $10 on the high-pressure washer at the local servo.
Gees….. I feel better now!
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