Strata Fine for Tenant Illegal Parking - Legal?

In NSW: Our tenant parked in the wrong spot in someone else's parking spot one time. The strata issued a fine but they have added this to our quarterly strata bill. We forwarded the fine to our agent who forwarded it to the tenant to pay. The tenant said strata cannot legally impose a fine. Is this correct?

How can the strata legally bill us on the strata levy for the tenant's illegal parking?

 

Not sure what the laws are on Planet Mars but you can't fine a tenant for this in Queensland.

 

I would have a constructive discussion with the Martian strata manager to understand under what basis the fine has been issued.

 

I don't know. But your tenant sounds like an ******. Nothing will get the neighbours offside quicker then a tenant who doesn't adhere to the rules.
Surely there is something in the lease about adhering to rules, parking only in allowed parking, etc? If so, Id be pointing out that the behaviour is breaching lease conditions.

 

I had a parking incident last year, but my renter was the victim. The Strata basically washed their hands of it. I'd look at your Strata rules and regulations and see what it says about parking and common property.

Personally I think your PM needs to persuade your tenant to pay it.

Is your tenant usually a bit of a selfish person? They stuffed up yet don't want to take responsibility. That's poor.

 

I've just amended my post, state in question is NSW

 

Did they send a breach first? This says tribunal can order it Parking

When I was living in strata people broke the rules all the time and our managers did nothing, I think because they were lazy and didn’t want to push it with tribunal. We were a shared complex with shops and the shops all had 2 spaces and the units 1. One of the shop owners used to park across his two spots then they’d use a visitor spot as well. Grinded my gears.

 

So it looks like firstly the strata needs to serve notice, not just fining the tenant for a 1st offence (and billing us on our strata levy notice as a "carried forward balance"!!). For a 2nd offence they need to apply to the Tribunal to fine the tenant. So it looks like the fine isn't lawful at all.

 

I would draw attention to NSW law (with no details) and put them on notice that this is a issue for legal advice and accordingly put them on notice that after say 14 days if its not withdrawn then you will seek to enforce a order for costs for the legal expenses you incur and action in NCAT. Some retired old mate on strata thinks they are clever. Not. NCAT wont tolerate that.

Does the strata have any legal basis to require you to provide the tenant details ? maybe not. Privacy laws. The by-law may be unenforceable if it exists.
And then how would they be able to prove that the person who parked is the same as the tenant to make a penalty enforceable ? They have no lawful right to demand identity or rego info. And have no powers to detain property of a person or the person. And a basic tenant defence would be - It wasnt my car. Onus of proof is on the strata.

 

Sound like we can park anywhere in the strata, another reason to avoid that. Tomorrow, it is in the news and we can see another drop of property price

 

Thank you Paul, I will do this

 

Yes. When I had my issue, it felt like that. It felt like Strata were weak. As Paul mentions, the strata needed total proof before they were going to do anything at all, And all they could do was issue a breach or the like. They couldn't actually get them to move their car.They said they needed not just photographic evidence, but also my tenant needed to go and confirm with the illegally parked car owner that it was their car.

And even if I had the car in question taken away, if any damage was incurred, then it was my responsibility.

civilised society is a very thin facade...

 

So let's stay away from strata to make sure that no demand and they will need to do something

 

If you're a unit owner and someone parks on your titled space can you clamp the car or take other action? In the past when I've had this happen to me I've got security to put a CarePark $88 sticker on the offending car.

 

They can't. Only a tribunal order can impose a fine in NSW.

So you can ask the OC Secretary if that is that case, assuming you haven't had any correspondence from NSW Dept of Fair Trading or NCAT.

Of course, if your tenant is a serial offender, and suddenly an excavator appears, digging a 1m deep by 1m wide trench just in front of their [your] garage, where their car is parked, as the strata is "investigating a water leak", then you might also require a tribunal order for "remediation of the matter".

If you get my drift...so tell your tenant to pull their head in, and then make peace with the OC Secretary, and all should be good.

 

Many use overt methods like card or fob entry. Rego plate signs and such to make compliance evident on arrival

 

Police can enforce actions like that. The offender can be given a police instruction if detention on propertyoccurs. And penalised on private property.

There is no obligation for a owner to give a tenant a instruction. It assumes they did something unproven doesn't it?

The strata can uphold bylaws but may lack support

It's not your garage to touch. Just to use.

 

Not in most states. Its illegal detention prohibited by law. Like kidnapping your annoying neighbour. Penalties only enforceable by state law. Those carpark ticket scams are a joke ...unenforceable. A lie. Super glue it to the body corporate guys car door as a message

They rely on stupidity to pay it. They don't know the owners details. Read the fine print. It says it's a fee for parking. Disguised to look legal like. Crayons....

Sticker..malicious damage

 

Have written to strata as per your suggestions. They replied:

The owners corporation has not issued a “parking fine” to the lot owner but, in accordance with the terms and conditions of the by-law, has issued an administrative fee for having to deal with the breach of by-law by the occupant. This is legally permitted. We now look forward to prompt payment of the invoice.

Seems that strata is trying to get around NSW's law of not issuing a "parking fine" with his comment, but on the tax invoice it clearly states "Overstay Penalty Visitor Car Parking"

Strata also replied:
The tax invoice has been issued in relation to a breach of special by-law 1 by your tenant.

I have also attached a copy of a further email between your tenant and managing agent, and my response to your managing agent yesterday, whereby your tenant admits to continuing to breach the by-law. No further breach notices have been issued but if the breaches continue to occur, the owners corporation will take action.

The simplest way is for you to pay the invoice and recover the cost from your tenant. Please liaise with your managing agent to facilitate this.

The tenant has been in breach of the visitor parking by-laws for the scheme on a number of occasions and was subsequently issued with the attached letter and invoice for $150 (copies were posted to the tenant, placed under the door of the apartment and provided to your managing agent). The invoice remains unpaid, however, the payment of the invoice ultimately is your responsibility as it is charge against your lot. Would you please arrange immediate payment.

The consistent and ongoing poor behaviour of your tenant is causing unnecessary problems and needs to be stopped by you or your managing agent. You must ensure that your tenant complies with the by-laws and resides at the building in a respectful and harmonious manner.

Please be advised that should there be any cause for further correspondence with your tenant due to poor behaviour or non-compliance with the by-laws, the owners corporation will ask that you terminate the tenancy due to breach of the by-laws. We note that the by-laws for the scheme form part of the tenancy agreement.

I am thinking of replying back that their invoice clearly states "Overstay Penalty Visitor Car Parking" not an "administrative fee" as they claim, and reiterate the same points once again about NSW law, this is an issue for legal advice, they must withdraw their tax invoice and the carried forward balance on the levy notice, seeking to enforce a order for costs for the legal expenses we incur and action in NCAT?

 

It must be tough. On the one hand, it seems the Body Corp are trying to get you to pay and may have stuffed up with how they worded it. But on the other hand, the tenant isn't behaving in a suitable manner as they mention this is not an isolated incident.

Have other people paid this fine or is it the first time somebody has paid?

Is there any chance your PM can talk your tenant into paying? Surely they can breach the tenant for this...? Otherwise your tenant can just go around doing what they like and you're responsible. That's not right.