Question: I share a parking garage with another lot owner whose stored items are overflowing onto the floor. The bylaw states ‘clean and tidy’. Surely this is a safety hazard. What can I do?
I share a 2 car lock up garage with another lot owner. The other lot owner has installed shelving for storage. Recently the amount of storage is overflowing onto the garage floor and I believe it is a safety risk.
Our Bylaw states “The proprietors from time to time of the lots specified below are entitled to exclusive use and enjoyment of the car spaces marked on the strata plan marked VP01 & VP02 on condition that those proprietors are responsible for the proper maintenance in a clean and tidy state of said car spaces”.
My strata manager advises ‘clean and tidy’ is subjective. Additionally, the offender is a member of the owners corporation.
What should my next step be? I do not think a personal approach will be successful.
Answer: You should raise your concerns with the strata committee.
The by-law does not expressly permit the storage of items within the car space or the erection of shelving. Therefore, arguably, that owner is in breach of the by-law. While “clean and tidy” may be subjective, a reasonable person would not consider overflowing storage to be “tidy” thereby also in breach of the by-law. The overflowing items may also pose a trip or fire hazard in breach of the strata legislation.
You should raise your concerns with the strata committee who in turn may wish to enforce the by-law and have the strata manager issue a notice to comply.
Alternatively, (after applying for mediation) you could seek Orders from NCAT that the owner comply with the by-law ie keep the car space clean and tidy or remove the items being stored.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440