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VIC Problem Car Parker - Threatened with VCAT but Won't Move

Discussion in 'Property Law Forum' started by Cmdr88, 13 March 2015.

  1. Cmdr88

    Cmdr88 Member

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    In our development we have a resident and owner who has moved in two relatives, and is using his garage for storage.

    There are now three vehicles he wants accommodated, through parking in visitors' spots or other owners' driveways. He says he will move any car when asked, and has done so. But this seems beside the point.

    The manager of the owners corporation has approached him. But it seems the worst we can do is to think poorly of the behaviour.

    He has been threatened with action in VCAT. His attitude is that, if we try that, he will move the vehicles out the day before the hearing; bring them back the day after; and leave us having spent $500 on a useless VCAT application.

    What can we lawfully do under property law? The attitude strikes me as harassment. How hard would it be to get a restraining order?
     
  2. Tracy B

    Tracy B Well-Known Member

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    Hi Cmdr88,

    It may still be worth pursing VCAT. VCAT may issue an injunction order preventing the owner from parking his car in any other owners' parks and/or visitor's parking. If he subsequently breaks the order and bring his car back, he will be in breach of the order and will be subject to harsher penalties.
     
    Tim W likes this.
  3. Cmdr88

    Cmdr88 Member

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    Nice thought.

    Thank you.
     
  4. Sarah J

    Sarah J Well-Known Member

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    Glad to have helped, Cmdr88. Best of luck with this matter and keep us updated on the outcome.
     
  5. Mary T

    Mary T Member

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    What if you are not an owner but a tenant? Given that rent is paid they are not owners. If the tenants continue to rotate cars and are in no way harassing anyone, how can a breach of any sort be claimed? As I understand it, parking correctly in a visitors parking area is not illegal, especially if a tenant does not have an ongoing lease!
     

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