Rubble Trouble

Sydney Morning Herald

Saturday September 27, 2008

Jimmy Thomson

Parking spaces can drive neighbours to tears.

There are still a lot of people in strata land who still don't get it - and by "it" I mean the idea that you have to moderate your behaviour when you live in close proximity to dozens, maybe hundreds, of other people. If you choose not to, don't be surprised if your neighbours come knocking.

QUESTION Next door a renovator has begun dumping building debris from demolition work in his car parking space. He has informed me that "he can put whatever he likes in it".

Nice. Is there a legal line in the sand on what an owner can put in their car space? If an owner is permitted to do what they like, it could become a nightmare.

The NSW Office of Fair Trading told me that car spaces are common property and I'm told that use of a car space contrary to the original development consent is a breach. But I wonder if there are strata bylaws or other legislation covering this issue.

DT, Sydney

ANSWER Fair Trading reps were half right (or "wrong", to put it another way). Some car spaces are common property, some are on title, but either way they are still subject to bylaws.

If your car spaces are common property, the executive committee can tell him to get rid of the rubble, pronto. If the car space is part of a lot, there are probably bylaw restrictions on how it can be used.

For instance, in my building you can't store anything in your car space that isn't in keeping with the rest of the car park - such as old mattresses and boxes of jumble. Approved storage boxes, however, are fine.

Bylaws often differ from building to building but your neighbour is bound by yours, so that's the place to start.

I'd be surprised if there wasn't some catch-all clause that prevents owners from using their lot in an inappropriate manner. If there isn't, have one proposed for your next annual meeting.

Your neighbour is typical of a breed of apartment dwellers who see their lives purely in the terms of their rights and never in terms of their responsibilities. A little attitude adjustment by way of a "notice to comply" from your executive committee is clearly in order.

Send your questions or comments to mail@flat-chat.com.au or see www.flat-chat.com.au.

© 2008 Sydney Morning Herald

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