Who can use Visitor Parking in an owners corporation?
Parking disputes are one of the most common problems within Owners Corporations. It is incredibly frustrating when an owners or resident continually parks in a space dedicated to visitor parking.
Owners Corporations in Victoria are governed under the Model Rules. Visitor parking is for bona fide visitors. In other words, short term parking – generally for no more than 24 hours (depending on the body corporate’s Special Rules). Visitor parking is for sharing by all owners. This issue crops up regularly, and it always causes major rifts with other owners when one owner decides to use the visitor park as their permanent parking space.
In almost all cases, a garage or dedicated parking space is provided for each unit, and these are for parking vehicles (ie garages should not be used as storage units). This means that units with more than 1 vehicle must park additional vehicles outside the owners corporation.
Item 4.2 of the Model Rules ensures that cars also must not be parked on the common property driveway.
Can I have a pet in an owners corporation?
Pets are welcome in owners corporations although there are a range of common sense rules. The Owners Corporations Regulations 2007 include a model rule regarding the keeping of animals as follows:
* Item 3.1: Use of the common property Sch.2 – If the owners corporation has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.
* An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.
* Subrules (4) and (5) do not apply to an animal that assists a person with an impairment or disability.
* Owners must ensure that their animal does not cause fouling of common property driveways or garden beds and must clean up after their animal if this occurs.
* Many local councils have very strict rules about cats and dogs being left to roam free after dark.
Am I allowed to build a Pergola on the rear of my body corporate unit?
Owners are able to build on their own private property however any structure must not reduce or impact on the amenity of any other owner. This includes visibility and any potential impact on the common property or the overall investment value of the development. Naturally the usual requirements include council planning and building permits etc.
Importantly the owners corporation must be advised (via the Manager) a part of the planning process and prior to construction commencing.
As far as insurance is concerned, any structure that is added to the building is automatically included under the overall strata insurance policy.
Information provided by Greg Honeywell
MBCM Strata Specialists Ballarat
The information provided in this newsletter is for general guidance only and should not be considered professional advice.