VIC Parking on Common Property DIsagreement - Council Involvement Allowed?

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Anne403

Member
28 February 2018
2
0
1
I own a unit in a set of 4 units, and parking on common property right next to ones garage has been going on for many years without any complaints. All units have tenants in them except for the owner of one unit which was purchased 2 years ago and is owner/occupier.

As there is no official OC, the owner took it upon himself to start contacting owners and tenants about illegally parking on common property where he was himself parking on common property until an argument happened with his neighbouring unit, then he commenced with the illegal parking with the other two units.

We have met a couple of times with all owners and majority ruled that this was not a problem as long as it did not obstruct driveway or tuning circle. As he wasn't happy with this decision at the meeting, he is now taking us all to VCAT, and prior to all that complained to the local council, where if this is seen as done, owners and tenants are getting fined as apparently the Council overrules OC and/or owners decisions as it is breaching the Planning Scheme of the Planning and Environment Act.

If majority rules, where do we stand, and is Council involvement allowed?
 

Clancy

Well-Known Member
6 April 2016
973
68
2,289
If you have a common area, the parking will be stipulated in the original plans.

If everyone has gotten away with exceeding those stipulations until now, it is called being lucky. And now it seems that luck has run out, and you may have to accept that.
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,640
919
2,894
Seems unusual.

What scheme and section of the Planning and Environment Act is council claiming to be breached and is fining people under? Additional details will help us help you.