This article is about whether you need approval to store items in the garage or your car space.What are the rules about storage in your apartment building in WA?
Table of Contents:
- QUESTION: Can owners store items in their garages? Do owners need permission to keep a jet ski and trailer in a basement car park?
- QUESTION: A tenant has had an unregistered car with no plates parked in the carpark. We have contacted the lot owner but the car remains. How do we have the vehicle removed?
Question: Can owners store items in their garages? Do owners need permission to keep a jet ski and trailer in a basement car park?
Answer: Seek written clarification and permission from your strata manager or council of owners before proceeding.
There is no black or white response to this as it largely depends on the by-laws for the scheme. These may state if the storage of items is allowed in a car space.
In the absence of registered by-laws, Schedule 2 Section 14 of the Strata Titles Act 1985 should be considered:
14. Appearance of a Lot
An owner or occupier of a lot must not, without the written consent of the strata company, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.
If using the car bays for storage is not in keeping with the rest of the building, it may be a breach of this by-law.
It would, therefore, be advisable that you seek written clarification from your strata manager or council of owners as to the by-laws for your scheme and seek permission before proceeding.
SVN Perth
E: [email protected]
P: 08 9427 7955
This post appears in the April 2024 edition of The WA Strata Magazine.
Question: A tenant has had an unregistered car with no plates parked in the carpark. We have contacted the lot owner but the car remains. How do we have the vehicle removed?
For the past two years a tenant in our building has had an unregistered car with no plates parked in the carpark.
We have written to the lot owner who self manages the rental and has no signed lease agreement, but requests to move the car have been ignored.
The Committee has approached local council to have the unregistered car towed away as an abandoned vehicle. We have offered to sign affidavit for the towing company, but as WA councils have no agreement to enter Common property. We have been advise to push car to the verge, but the vehicle is locked and it can’t be moved without breaking a window.
Is there any other action we can take apart from pursuing the matter through SAT?
Answer: If the car is parked in common property, then this would be a breach of bylaws.
If the car is parked in common property, then this would be a breach of bylaws if no permission was given to this resident by the Strata Company and yes, the only way to enforce the bylaw is by sending a breach notice, making the owner aware of Section 47 of the Strata Titles Act, and if not rectified, make an application against the tenant and owner to SAT; SAT has the power to issue a fine for up to $2,000.00 for bylaw breaches in addition to an order sought by the Strata Company to request the tenant and owner to remove the car immediately from the Common Property. Non-compliance with orders issued by SAT incur a further penalty under the State Administrative Tribunal Act.
If the car parked in the common property does not belong to the resident, then the car will need to be treated as abandoned goods for which a particular process is required to be followed. Recommend to seek legal advice in that case.
This advice does not constitute legal advice and we recommend that the owner obtains their own legal advice to suit the circumstances.
Marietta Metzger
magixstrata
E: [email protected]
P: 08 6559 7498
This post appears in Strata News #602.
Have a question about how to stop residents from parking on the common property verge or something to add to the article? Leave a comment below.
Read next:
- WA: Q&A Inventory of Assets on Common Property
- WA: Q&A Why Contribute to Common Property You Never Use?
Disclaimer: this article should not be relied on as legal advice.
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