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Strata Law is a joke

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Strata Law is a joke

Postby Kooky » 3rd Apr, '12, 17:52

Some ****er keeps parking in our space, and it seems there is absolutely nothing we can do about it.

It's been obvious for many months that somebody is buying and selling crappy old cars and storing them in our basement car park. He obviously lives here and may even have one or two spaces of his own (depending on unit size), but parks all these expired-rego cars all over the place in other people's spaces - usually the spaces owned by the retail units.

Now he's started using other private spaces and visitor spaces and it seems there is **** all that can be done. The one parked in our spot is expired and appears on an auction website.

The Community Association (which covers all 4 separately-managed blocks and all the common areas, including the car park) recently voted to change the by-laws to make it possible to clamp offenders, although I have done some reading and I believe this is contrary to the state laws.

We've just put a note on the car telling him to stop, and that he is parking there at his own risk - any bets on how long it is before our own car gets keyed? :?
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Re: Strata Law is a joke

Postby baloo » 3rd Apr, '12, 18:23

Your Car Space
More likely than not, if there’s a car in your space then it’s parked by mistake. Many strata car parks don’t mark the spaces with the unit numbers for the protection of the residents. We advise simply placing a note under the wind-screen wiper, drawing attention to the car owner of their mistake. An apology generally follows immediately.

While the car may be parked on your ‘property,’ it still belongs to someone else. Do not have its wheels clamped as this is illegal. Do not have the car towed, as any damage caused to the car during this process is your responsibility.

If the situation isn’t resolved with a simple note, call the police and seek their assistance in handling the issue.


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Re: Strata Law is a joke

Postby Kooky » 3rd Apr, '12, 18:29

That will be the next step if he persists, although I've been advised they usually say it's a management issue.
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Re: Strata Law is a joke

Postby daffodil » 3rd Apr, '12, 18:40

Strata rules are, in general, a joke.

Hopefully, this clown will do the right thing - though he/she is probably aware that there's sweet fa that can be done about it under current rules.

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Re: Strata Law is a joke

Postby Kooky » 3rd Apr, '12, 18:56

As you might vaguely recall Daff we have a tandem space - takes 2 cars but there is a pillar at one end so it's only possible to drive in and out from the other end, at least if the neighbouring spaces are occupied and you can't drive off at an angle.

If he'd buzzed us to ask if he could park there, or even left a note with his number on the car (as I've seen some do), we would probably have said he could park there so long as he moved on the odd occasion we need the second space, which is generally when we have tradies here.

The fact that he does it without so much as a note to us and other people (and it was parked in a visitor space all weekend) really pisses me off. If I'm right in my assumptions about the business, there is at least one more car down there right now, parked in somebody else's space, and recently he had a big old American style car there for months, leaking shit all over the floor that we had to step round every time we went past to the lift.

I'm beginning to think the rest of my fellow residents have no balls.
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Re: Strata Law is a joke

Postby Kooky » 3rd Apr, '12, 18:57

Neo thinks we should rent him the space at a huge rate.
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Re: Strata Law is a joke

Postby daffodil » 3rd Apr, '12, 19:10

That boy is such a capitalist :D
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Re: Strata Law is a joke

Postby Kooky » 3rd Apr, '12, 19:28

Shame it's something I really don't think we want to get into, waaaay too risky to get contractual about it.

(It's technically not permitted but it happens, and then there's the story, before our time, of the ex committee member who took over a visitor space as his own and the management ended up paying him 25k to get it back, which of course the residents actually paid. Don't ask me how that came to be - anything is possible here, it seems.)
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Re: Strata Law is a joke

Postby baloo » 3rd Apr, '12, 19:31

Why would he rent it while he is getting it for free ?
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Re: Strata Law is a joke

Postby Kooky » 3rd Apr, '12, 19:32

Because he likes his wheels?
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Re: Strata Law is a joke

Postby baloo » 3rd Apr, '12, 19:42

Sounds like he's not fussed. Why not ask to see the car through his Ads, that would be a laugh.
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Re: Strata Law is a joke

Postby chocolate » 3rd Apr, '12, 21:55

It never ends does it? :(
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Re: Strata Law is a joke

Postby avatarless » 4th Apr, '12, 08:03

What happens if you post "no trespassing" or some such thing- would it then become a police issue? There's gotta be a way to have them come and tow the car (at the owner's expense). If you had a detached house with driveway and he parked in your driveway it would be a no-brainer. Gotta be legally equivalent- you own the space, no?
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Re: Strata Law is a joke

Postby Kooky » 4th Apr, '12, 08:24

avatarless wrote:What happens if you post "no trespassing" or some such thing- would it then become a police issue? There's gotta be a way to have them come and tow the car (at the owner's expense). If you had a detached house with driveway and he parked in your driveway it would be a no-brainer. Gotta be legally equivalent- you own the space, no?


We can and will put up such a notice but from my observations they have little effect. One of the retailers has a sign along the lines of "I don't live in your apartment, please don't park in my space".

This morning I've been advised by the strata company that I can have the car towed away (to where?) at my own expense but be prepared for a "counterclaim" from the owner. That's the problem in a nutshell - he can abuse my property but I can't touch his. I'm sure he knows this.

I'm working on the "running a business from the basement" aspect at the moment. There are by-laws about the colour of curtains, surely there will be one about that? If not, I'm going to campaign for one. :lol:

I am now determined to cause a fuss about anything and everything. The Chairman of the EC will rue the day he patronised me ;)
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Re: Strata Law is a joke

Postby avatarless » 4th Apr, '12, 08:47

good grief... :(
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Re: Strata Law is a joke

Postby Fat Bob » 4th Apr, '12, 13:42

Is there something similar to a Citizen's Advice Bureau in Sydney?
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Re: Strata Law is a joke

Postby Kooky » 4th Apr, '12, 13:46

Fair Trading, Bob, but pretty toothless.
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Re: Strata Law is a joke

Postby daffodil » 4th Apr, '12, 13:56

Did he/she reply yet?
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Re: Strata Law is a joke

Postby Fat Bob » 4th Apr, '12, 13:59

Hmmm...fair trading to me sounds more like a Consumer association, where as this is a different issue. Shame the management can't help you out more.

If the lots are pre-assigned, surely there should be things within the Strata by-laws which cover the incorrect use of lots? Yes, I'm sure you've looked there, just seems stupid to me there isn't an escalation process, nor a process of finding out who's car it is.

Perhaps LawAccess Online can help you?
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Re: Strata Law is a joke

Postby baloo » 4th Apr, '12, 14:12

Management Councils are hamstrung by the government Strata laws. There is only so much they can do within the strata laws. By-laws can be passed to over ride a standard strata law but that normally means an EGM or waiting for the AGM and often requires a 70% agreement to pass.

Not sure about where you are kooky but our MC is all volunteer based and it's mandate really is to look after the common areas. Neighbour disputes are avoided unless strata laws / estate by-laws are broken.
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Re: Strata Law is a joke

Postby Kooky » 4th Apr, '12, 14:27

daffodil wrote:Did he/she reply yet?


The culprit? I haven't been down to the basement today so don't know if it's still there or not, or if there's a response to our note. Seriously, how hard is it for them to acknowledge they are taking the piss by leaving a chatty note, or buzzing us? Our unit number is painted on the space FFS. (They won't because they know they're in the wrong.)

Am I getting my knickers in a twist over nothing? :? We hardly ever use the 2nd space, so it may seem petty but fact is it is ours, we paid for it (and will be doing so for a bloody long time!) and there are times we do want to use it. We will have engineers here next week and you can bet there won't be any visitor spaces free because residents use them.

baloo, this place has building management (4*ECs) and a whole complex management (the CA, aka egomaniacs), and one of the reps of the CA is responsible for the car park. Problem is he can't do anything about the private spaces. If the guy was parking in a common area, different matter entirely, and new beefed up by-laws for that are currently being registered as we have a huge problem with visitor and disabled spaces as well as residents of the building over the road parking in our driveway, which is as dangerous as annoying.

Bob, I'll take a look at that link, thanks, although at first sight it seems to relate mostly to single dwellings.
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Re: Strata Law is a joke

Postby Fat Bob » 4th Apr, '12, 14:41

Typiing "strata" into the search box will eventuall lead you to this page, Strata and community disputes, which could be useful for other issues you have.

That page leads you to a "Notice to Comply with a By-Law" page which can ask for a fine to be imposed should the notice not be complied with.

I'm sure you'll have even more fun with the other pages in that website!
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Re: Strata Law is a joke

Postby Kooky » 4th Apr, '12, 15:00

Sorry, I realise I'm repeating myself about the CA etc. It's been a strange day on a number of levels. Nearly 5 o'clock though :D
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Re: Strata Law is a joke

Postby daffodil » 4th Apr, '12, 15:17

Kooky wrote:Sorry, I realise I'm repeating myself about the CA etc. It's been a strange day on a number of levels. Nearly wine o'clock though :D


Thought you'd appreciate a bit of selective editing there, K.... ;)
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Re: Strata Law is a joke

Postby Kooky » 4th Apr, '12, 15:20

Same same :)
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