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VIC Body Corporate - Right to Access Car Park?

Discussion in 'Property Law Forum' started by Zual, 5 October 2016.

  1. Zual

    Zual Member

    5 October 2016
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    I have a unit in a 10 unit apartment block and I have a marked designated on-site car park beside a fence (part of the title). Until recently the car park lines had faded and tenants just parked anywhere but now we have to park in our spots. The problem is there a two clothes along the fence line which, when full of clothes, makes it impossible to park the car (sight issue and would swipe the clothes, undesirable).

    I have spoken to Body Corporate and committee and they are hinting that it has been like that for 20 years and there is nowhere else to put the clothes lines. I am wondering what my legal rights are.

    Can I confidently tell them that I have a legal right to access the spot without hindrance? I want to sort it out peacefully but if not, would I have a case with consumer affairs Victoria (VCAT)?

    Thanks for any help.
  2. Rod

    Rod Well-Known Member

    27 May 2014
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    If they now want to enforce parking, then they now need to find another place for the clothes lines, or give you use of another park without hindrance from other owners and the BC. They can't have it both ways. Your counter argument about the lines being there for 20 years is that it was never a problem for 20 years because of the ability to park elsewhere.

    When they removed your ability to park elsewhere, you remove the BC's privilege of placement of the clothes lines. Note use of the word 'privilege', they do not have the 'right'.
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  3. Iamthelaw

    Iamthelaw Well-Known Member

    13 September 2016
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    Similar to what Rod has stated above.

    Ask your owner's corporation manager for a copy of the rules. It is likely that they would adopt model rules or a variation thereof. If there are no prescribed rules, then pursuant to s129(2) of the Owner's Corporation Act sets out that the model rules will apply in the event that no formal rules exist.

    Accordingly, Rule 3.1 of the model rules is relevant:

    1. An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.

    2. An owner or occupier of a lot must not, without the written approval of the owners corporation, use for his or her own purposes as a garden any portion of the common property.

    I would assume that you have an OC manager? I imagine that the committee would just be made up of other lot owner's?

    Write to the OC manager outlining your concern in that you can't get into your parking bay. If all else fails apply to the Tribunal to rectify the issue.
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