Question: Can I store two bikes in my parking space if they do not obstruct other residents? The committee demand I remove the bikes but I have nowhere else to store them.
I own and live in a unit complex on the Gold Coast. All owners have an allotted car parking space.
I keep 2 bikes in my allotted space up against the brick wall where the nose of my car is parked so there’s a few inches between the bikes and the front of the car when it’s parked there. The bikes are not obstructing anyone in any way.
Someone in the complex has complained about the bikes for some unknown reason and wants them removed. I have since received a letter from the BC demanding the bikes be removed, however we have no car park storage so I have nowhere else to store them.
Answer: Is it a breach, and why does the activity cause a problem?
With all by-law issues, owners should look at the matter by answering two questions: is it a breach, and why does the activity cause a problem?
To confirm whether keeping the bikes in the area specified is a breach of the by-laws, you can start by checking the CMS for your scheme to review the exact boundaries of your parking space. Does it extend to the wall at the rear of the space, or does it stop before that? You may be keeping the bikes on common property without realising it, and that would be a breach of the by-laws.
Then, have a look at the by-laws and see if anything is restricting what can be kept in parking spaces. Some by-laws limit the use of these spaces to cars only. If not, and the bikes are being kept in your space, it may be legitimate to keep them there.
The letter from the Body Corporate should explain why it believes you have broken the by-law. It should outline the relevant by-law and how your action has breached it. If a reasonable explanation has not been supplied, you can ask for one.
The second question as to why the activity is causing a problem may require a more nuanced answer. What can seem harmless to you as an individual may be more problematic for the body corporate or other owners. In this case, it may be that having one or two lots store additional items in the parking spaces doesn’t cause a substantial problem, but if everyone kept things other than cars in the spaces, the car park could quickly become dangerous or messy. The items could attract thieves or vermin. The body corporate has to apply laws equally to all owners, which may be what is happening here. If you are not clear about the reasons for the by-law, then contact your committee or manager and ask for further explanation. Not everyone will be happy with every rule and decision, but there should at least be a logic behind that to help you rationalise why they are being made.
This post appears in Strata News #485.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
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