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VIC Parking Cars on Body Corporate Common Property

Discussion in 'Property Law Forum' started by Stan Douglas, 1 April 2015.

  1. Stan Douglas

    Stan Douglas Member

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    I live within a set of units that has seven (7) car park bays set aside on common property for visitor usage. However, there are three (3) of the current owners who continually park their second vehicle there, thus restricting visitor parking. I have reviewed the Model Rules for an Owners Corporation – Schedule 2, Item 3.2 set out below.


    An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle—
    s.3.2(a) provides that an owner must not park in a parking space allocated for another lot;
    s.3.2(b) provides that must not obstruct a driveway, pathway or entrance with a vehicle;
    s.3.2(c) provides that an owner must not park on an area of common property that is not allocated for parking

    The response I received from our Body Corporate Management specialist is set out below:
    "As such while owners may currently be parking within a parking space marked ‘visitor parking’ there is no technical breach as the area is a designated area for parking on common property.
    Therefore the only way to prevent Owners or other residents from utilizing or restricting use of the area is by way of Special resolution as previously communicated".

    Q - Is this response correct?
     
  2. Rod

    Rod Well-Known Member

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    Does your Owner's Corporation have their own rules or just follow the model rules? If the latter, then it appears there is a technical breach of rule s.3.2(a) provides that an owner must not park in a parking space allocated for another lot;

    Visitor parking is what the sign says. Owners are not visitors. Of course the Owners Corporation may decide to remove the sign, or there may be something in past OC minutes saying owners can use that space.

    If you wish to proceed and make a complaint, read this first: Enforcing owners corporation rules - Consumer Affairs Victoria
     
  3. Stan Douglas

    Stan Douglas Member

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    Thanks Rod appreciate your response
     
  4. Stan Douglas

    Stan Douglas Member

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    I sent through the above response with the following reply
    I am sorry if you disagree however in this instance the ‘lot’ owner is the owners corporation – of which all Owners are is essence ‘shareholders’ of same.
    While it is appreciated that there is currently signage stating ‘visitors’ the actual ‘use’ of the parking bays in question would need to be formalized by way of Special Resolution to enable its enforcement as previously advised.

    Is this correct?
     
  5. Rod

    Rod Well-Known Member

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    It gets murky now. In the past, someone authorised placement of the visitor sign. There may have been discussion and agreement at that time and you may need to find out the original intention of the sign.

    I'd be writing back and saying 'No. If owners want to park in visitor parking that the OC has already declared as visitor only parking, then there needs to be a special resolution declaring they can park there. If the OC originally intended to allow owners to park there, the sign would have said Owner and Visitor parking.'

    I'd put the onus back on them to make the change.

    BTW, take photos of the sign now before it magically disappears.
     
  6. Stan Douglas

    Stan Douglas Member

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    Once again thanks for your feedback and as such will do this if left with no alternative. Having said that can you confirm that the comment in this instance the ‘lot’ owner is the owners corporation – of which all Owners are is essence ‘shareholders’ of same.
     
  7. Rod

    Rod Well-Known Member

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    Trying to say all owners jointly own the common property.
     

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