VIC Owners Corp- parking and model rules

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Oscar23

Member
6 February 2018
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We live in an 11 Townhouse complex.
Our townhouse (unit 5 )and a neighbour (unit 6) are located at the end of the common roadway , at a T- intersection end of that roadway.
As such, we do not have driveways...although ALL the other townhouses , which face onto the roadway DO have a driveway.
Since buying here, both we and Unit 6 have always used the little T- ends of the roadway, to park a car.
Strictly speaking, these T- ends are common roadway however, as we live down on these ends, we are generally the only people/vehicles that ever come down to this end.
Now that all 11 townhouses are built (we have parked on this part of road for past 4 years prior to all houses being built) some of the newer owners are insisting we are not permitted to park where we have a,ways parked.
They claim it is common roadway , which it is.....and that delivery vehicles etc MIGHT want to use the t-ends to turn and exit the complex. This is despite the fact that there are 9 actual driveways where a delivery vehicle could pull into , reverse out and then exit the complex.
We have now been served with a breach notice as one neighbour in particular takes photographs of where we park.
We now have our son park his vehicle almost fully on top of our garden, with only the nose of his vehicle/his front tyres on common roadway. This was agreed at our last AGM and passed as a special resolution.
Sadly we are still being watched and the instant more than his tyres are on the common roadway, a photo is taken.
The Owners Corporation Manager (appointed 2 months ago. We managed ourselves previously) has advised us that special resolutions mean nothing and cannot legally replace a Model Rule, even if the owners all resolve and agree it suits their living situation.
My husband and I are so distressed at being watched and photographed and have gotten to the point where we feel like prisoners and witch hunted ....and think we may have to sell and move.
Is there anything that anyone can suggest, or something that we may not be aware of, that coild resolve this to everyone’s satisfaction?
Thanking everyone, in advance
 

Rod

Lawyer
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27 May 2014
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Possibly ask for special permission from the Owner's Corp to park in the area described. Start lobbying the neighbours, explain your side of the story.

If lobbying doesn't work, ask for mediation to see if the matter can be resolved peacefully, without legal action. Google Dispute Settlement Centre of Victoria.
 

Oscar23

Member
6 February 2018
2
0
1
Possibly ask for special permission from the Owner's Corp to park in the area described. Start lobbying the neighbours, explain your side of the story.

If lobbying doesn't work, ask for mediation to see if the matter can be resolved peacefully, without legal action. Google Dispute Settlement Centre of Victoria.
Thank you Rod.
I didn’t include this information in my original question but we did actually lobby all the residents prior to our last AGM and had majority sign to say that a) they don’t mind us parking where we do and b) they are not inconvenience by it.
Then at our AGM we tabled the document and this is when a special resolution was passed and documented , that we could park PARTIALLY on the common roadway.
Soon after the AGM, an Owners Corp Manager was appointed and three residents met with her and they amended some of the true AGM decisions and gave the rest of us 28 days to object and stated that if we don’t, then the changes stand.
We now find ourselves in breach because there is a nebulous definition around what constitutes “partial “ and some people are being unreasonable and unnecessarily devisive
 

Rod

Lawyer
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27 May 2014
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they amended some of the true AGM decisions and gave the rest of us 28 days to object and stated that if we don’t, then the changes stand.

Well that changes things. They would be in the wrong to do that. You cannot impose agreement through silence.

If it was me I'd be telling the new OC manager you will continue to abide by the rule agreed to at the AGM and they have no right to make unilateral changes. I'd also be saying happy to go to mediation if they want it, but in the meantime you'll park as agreed to at the properly convened AGM.