Laney101

Atkinson Legal is who we ( council of owners ) have used for creating new by-laws and breach advice. As a back up our strata company uses GV Legal .

• This reply was modified 2 years ago by .

Agreed Jimmy with the oldies making up their own rules sigh. Contributing to this thread, our complex of 9 in WA has 7 visitor’s bays that are used for just that and also for any 2nd cars that we have granted written approval for parking. Currently our resident vehicle numbers allow for it. Only 3 units with 2 cars. We have an extreme amount of common gardens that we wish to convert into 4 more bays. Allowing for 11 in total.

Each unit gets a second permanent designated bay for their own use ( in addition to their carports ) or their visitors/tradies etc plus 2 spare. Win, win right ? Parking issues sorted, adds to our property value and allowing for the possibility of increase in vehicles in the complex. No more dramas yay.

Nope, we got road blocked by our local shire/council in the initial planning and surveying stages.  They have stipulated they will not and will never give approval for us to develop the landscaped areas.

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.

Ahh….. this is the grey area Jimmy. The offender is a 77 year old woman hence why I have held back on police involvement even at the insistence of the strata company for 2 years. Yes, it’s quite laughable but her abuse is quite vicious. And she does it standing at her kitchen window or behind her front security door where she sits all day watching. Our side of the complex is elevated and overlooks most of the common driveway and visitor’s car park and we have to go past her unit to leave or come in. Only once has she come outside to scream at me when parking and then proceeded to abuse another 4 residents when they came outside to see what the commotion was. No she doesn’t have dementia. My lawyer said I would be hard pressed to get a restraining order due to her age. Even with my personal circumstances of having a teenager under repeated periods of suicide watch over the years and she has taken him out too with her insults.

Lol yes Jimmy. We are the council of owners or strata council here in the West. I guess it’s the new term for Body Corporate. Our Strata company is the professional business that we pay to manage our complex and affairs. I get confused too with the eastern states terminology and you all have different laws gahhh !! 🙂

Cheers for that info. We don’t have that section of the Act where we can recoup reasonable costs for the circumstances you have described. Our bylaws are the stock standard type apparently and have no special inclusions. We have a detailed email trail from the last 2 years from numerous residents besides myself and their same harassment complaints spanning a decade so it’s clear I’ve no personal agenda. I’m physically the closest in proximity to this owner so directly in her firing line and our opposite resident has now vacated, so the abuse has intensified as the witness factor is now less.

Really informative read. So to be clear, these type of bylaws are not worth the paper they are written on and the expense getting them in? The reason I am asking is that our strata is in the process of drafting a “differential levies for default and related expenses” bylaw.

The purpose is that we have an owner that has had 5 breach letters in the past 2 years with noise infringements and constant unprovoked verbal abuse to residents and visitors. A history of 13 years in total but we weren’t aware of of our rights and bylaw breaches until another matter came up and the abuse was mentioned by another council member in 2017.

We’ve not bothered with breaches 6 and 7 but many, many more incidents have been documented to the strata manager in the last 2 months since letter number 5 . I have been on the main receiving end of the harassment and sought legal advice regarding a restraining order or a Cease and Desist on the suggestion of the strata company.

My lawyer said it was strata responsibility and for the council of owners to pursue the repeated breaches through SAT since the notices have had no effect. Because we do not have this bylaw, we were advised to pass it through at the cost of roughly $2500 and ultimately SAT proceedings could be started with the expectation that we pass the cost of the further legal fees onto the offending owner instead of us.

Basically is this process of a new bylaw is a whole load of rubbish? And SAT will decide who pays the costs at the end of it anyway? Look forward to your advice.