NSW Property Law - Building Company Erecting Scaffolding on My Property?
- Thread starter Raymond
- Start date
Depends.
Is the parking space part of your lot, or simply a part of the common property set aside for your use?
Look at the Owners Corporation Rules - you may find that it's permitted where doing so is necessary to allow work to be done on the common property - especially if the encroachment is both urgent and temporary.
Bear in mind also that if you are a tenant, then your landlord may have consented without telling you.
Is the parking space part of your lot, or simply a part of the common property set aside for your use?
Look at the Owners Corporation Rules - you may find that it's permitted where doing so is necessary to allow work to be done on the common property - especially if the encroachment is both urgent and temporary.
Bear in mind also that if you are a tenant, then your landlord may have consented without telling you.
The parking space has my unit number on it and says private parking. How can I get a copy of the owners corporation rules? And if the owner has consented without telling me does that mean I can't park there and should I be compensated for having to park elsewhere?
Ask your landlord, or the managing agent about seeing the Rules.
Have a look at your lease and see what it says about access to make repairs
(bear in mind that the language may distinguish between "new" capital works,
programmed maintenance (eg painting), "handyman" type work, and bona fide emergency repairs).
Going only by what you have told us so far, missing facts missing
and unstated ifs buts and maybes not allowed for,
I don't see how you can claim compensation for mere temporary inconvenience
arising from work on the common property that is both urgent and necessary.
That said, you may be able to negotiate something directly with the landlord or the agent
as a matter of good will.
For example, you could ask them about temporary exclusive use
of what would usually be a visitor parking space.
In the alternative, you might ask about a period of "rent credit" for the loss of use of the space.
I don't see you getting any kind of cash.
Have a look at your lease and see what it says about access to make repairs
(bear in mind that the language may distinguish between "new" capital works,
programmed maintenance (eg painting), "handyman" type work, and bona fide emergency repairs).
Going only by what you have told us so far, missing facts missing
and unstated ifs buts and maybes not allowed for,
I don't see how you can claim compensation for mere temporary inconvenience
arising from work on the common property that is both urgent and necessary.
That said, you may be able to negotiate something directly with the landlord or the agent
as a matter of good will.
For example, you could ask them about temporary exclusive use
of what would usually be a visitor parking space.
In the alternative, you might ask about a period of "rent credit" for the loss of use of the space.
I don't see you getting any kind of cash.
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