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Where it states in the model by laws that parking in visitors car spots/common property can be allowed with written permission, am I right in believing that any need for parking should require notice and therefore written permission given before the date required to park.
I ask as I am about to once again tackle an owner who believes they above all others, especially as he is on the EC, should be allowed to park where he wants when he wants. I believe he may actually come up with a “note” making allowances for him after the fact, perhaps even written by himself. I do believe there are often genuine reasons for parking and that prior written arrangements can be made and that owners, via notice board, be advised of such so they all know that owner had (a) gone through the proper channels and (b) had been given official permission.
And whilst on the matter of advising owners, this complex voted almost two months ago on a new SM. this vote took place at the end of the 3months notice that was given to the old SM. But no one has heard anything more. We have not been advised when we actually change over so we would know who to contact from when and who to contact now. Are we asking to much for a little information?
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I’m guessing that where you say “model by-laws” you mean your own – the model by-laws have no standing unless they have been adopted by your strata plan.
The written permission issue is tricky – can you actually officially permit owners to park in visitor parking? Isn’t it then no longer visitor parking?
Permission for residents to park in visitors parking would be contrary to your own strata plan and by-laws and possibly the terms under which the DA for your complex was agreed. The written permission issue is relevant to, say, residents who want guests to stay longer than the normal permitted period for parking in visitors’ parking.
Most buildings allow a little leeway for residents to stop in visitors parking for a few minutes while they drop off shopping or whatever, but I’m pretty sure you can’t formally allow residents to park in visitors parking just because it suits them to do so. Any agreement by the EC to allow this would therefore be incompetent.
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.
Got to agree with Jimmy. Councils (QLD does and I suspect NSW would as well) when they authorize Strata developments they specify how many visitor parking bays are required for the said development. Ruling in QLD have thrown out requests to use visitor parking for anything other than parking for visitors. Even a 100% vote by owners doesn’t change the fact that bylaws cannot conflict with council laws, state laws or commonwealth laws and if they do bylaws loose.
You need to research if same requirement for visitor parking is applicable in NSW if it is EC don’t have a leg to stand on. Being on the EC entitles the person to no special privileges.
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