another owner/tenant parking in my tenant's parking spot

Discussion in 'Legal Issues' started by The Gambler, 23rd Oct, 2019.

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  1. The Gambler

    The Gambler Well-Known Member

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    The IP in question comes with a parking spot that I paid for when I purchased the place. The tenant rents the unit and that includes the parking spot. But it seems another tenant/owner is parking in my tenant's allotted spot but even after several notes were left by the tenant on the car, the car is still there. Finally, my tenant contacted my PM who then immediately got in contact with the Body Corp. The Body corp told my PM that the PM can tow the car but if there is any damage to the car the PM will be liable.

    Surely it is the BC who should be towing the car.
    Oh and the BC said that they don't want to email everybody in the building (there's only 7) as they don't know who it is. Even though it seems my tenant knows exactly who it is.

    Never had a problem with neighbours in this IP. But this owner/tenant is new.

    Does anybody have any suggestions on how to get this rectified asap?

    Also, should I offer anything to the tenant for the fact they haven't been able to park in a spot they pay for and instead having been parking on the curb? My PM did tell the tenant that in the future to contact the PM asap if such situations happen.

    (Parking is under the building and only accessible by owners/tenants)
     
  2. MRO

    MRO Well-Known Member

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    Have you spoken directly to the offending owner/tenant?
    Personally, i would just park behind them so they cannot move the car when they want to. Do that a few times and they will rethink their parking
     
  3. The Gambler

    The Gambler Well-Known Member

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    Thanks.
    I'll be leaving it up to my PM and the BC as I'm not in the same place at the moment. But that's what my PM was hoping the BC would do, but seem reluctant to do. It's a little troubling.

    My tenant can't park behind them as it means other people won't be able to get out.
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

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    Try writing 'Reserved parking for lot X' on the duco using brake fluid.

    They will soon get the hint.
     
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  5. wylie

    wylie Moderator Staff Member

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    Once resolved perhaps install a lockable bollard can be installed (bolted to the floor) so they can’t keep parking there.

    I don’t know you can legally wheel clamp in such a situation but that would make things worse.

    I wonder if you can add a lockable bollard now and they will have to come to your tenant to be allowed out?
     
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  6. The Gambler

    The Gambler Well-Known Member

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    I would imagine I'd need the BC permission to install a bollard as you'd probably need to drill into the cement.

    I think the offending party is a tenant and not an owner, so if my PM can track down the PM leasing the place to the Offending Party they can then get them to move their car or a black mark will be given. I'll give the Offending Party the benefit of the doubt at this point...
     
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  7. Jacque

    Jacque Jacque Parker Premium Member

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    Definitely your PM should be contacting the OC on your behalf to get them to contact the offending parker to remind them of their obligations under possession here, not to mention breaking the by laws of the complex. I've heard some owners take the OC to NCAT (QCAT in Qld) over issues like this and been successful. Once NCAT gives an order, it's legally binding. Good luck with it all. Also check out Jimmy Thomson's flatchat site. Lots of advice there and real life examples.
     
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  8. Scott No Mates

    Scott No Mates Well-Known Member

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    Super glue a bollard in place, a couple of dummy nuts to complete the prank.
     
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  9. The Gambler

    The Gambler Well-Known Member

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    Thanks.

    My PM is awesome and as soon as they found out about the situation they contacted the BC and won't give up on this until the issue is resolved. My PM is trying, but the BC is saying they won't send an email/mail to all apartments and want to know who it is.

    What has shocked me is the fact that the law protects the person basically doing the wrong thing. Quite ridiculous.
     
  10. Scott No Mates

    Scott No Mates Well-Known Member

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    Gee, I see letters from BC reminding occupants to keep their stuff off common property etc all the time.

    Are the parking spaces common property with exclusive use or on title?
     
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  11. The Gambler

    The Gambler Well-Known Member

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    Good Question. I'm assuming on title, but assumptions are dangerous. I will email the BC about this point and ask.

    (Email sent to BC)
     
    Last edited: 23rd Oct, 2019
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  12. Rugrat

    Rugrat Well-Known Member

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    Get the tenants to take photos of the offending car and its licence plate, and if at all possible the actual people who drive it. A quick door knock around the apartments (seeing as there are only 7) for a friendly neighbourly chat should quickly reveal exactly who the BC needs to be targeting specifically. And if they are tenants rather then owners, the PM can then chase down who holds the listing and work with the other property manager.
     
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  13. qak

    qak Well-Known Member

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    That may get a bit more action from the BC :D
     
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  14. wylie

    wylie Moderator Staff Member

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    How ridiculous that the BC will not just write to each owner. I’d keep pushing. They may hope you just give up.
     
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  15. PurpleTurtle

    PurpleTurtle Well-Known Member

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    Is there a reason you won’t just tell them who it is?
     
  16. Scott No Mates

    Scott No Mates Well-Known Member

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    They get paid far too much for what they're expected to do. This is the least they can do to earn their keep. :rolleyes:

    (Yes, the EC are volunteers)
     
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  17. The Gambler

    The Gambler Well-Known Member

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    I'm not in a position to do that. I'm just hearing the info from my PM. My tenant is pretty sure who it is, but it needs to be confirmed. My tenant's parents are apparently going to chat to the probable offending party it seems. Hopefully that will clarify the situation.
     
  18. Archaon

    Archaon Well-Known Member

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    That sounds like potential conflict, hopefully your tenants parents don't put themselves in harms way.
     
  19. The Gambler

    The Gambler Well-Known Member

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    My PM has now given the BC photographic evidence of the offending vehicles (it's a motorbike and car) in the space provided for my tenant.

    Interestingly, this is the reply I got from the BC when asking this question:
    1. Are the parking spaces common property with exclusive use or on title?

    " The car space and storage area are exclusive use and allocated to each lot."
    "The Body Corporate is responsible for maintaining common property. The lot owner is responsible for maintaining their lot and exclusive use areas allocated to their lot."

    mmm...
     
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  20. The Gambler

    The Gambler Well-Known Member

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    So my PM was able to contact the offending party's PM and OffPart PM is going to contact the tenant and tell them to move their vehicles. Hopefully this will resolve the situation. I've just gone through my by-laws. Wow. How useless they are. I'm going to have to research how to get a by-law added because fool me once, shame on you, fool me twice, shame on me.
     
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