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Most residential strata schemes have a “Vehicles” b y-law which stipulates that all owners and occupiers must not park or stand a vehicle on common property without the written approval of the common property. Your strata scheme may have this by-law or one similar.
Most residential strata schemes also have a standard by-law “Behaviour of invitees” which stipulates that owners or occupiers must take all reasonable steps to ensure that their invitees do not behave in a manner likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or any person lawfully using common property. Your owners corporation may also have this by-law or one similar to it.
Your strata managing agents under the owners corporation’s delegation, or the strata committee, may still issue the named tenant on the lease with a warning letter for allowing their invitee to park on common property in breach of the by-laws. If this warning is unsuccessful, strata could then serve this named tenant with a Notice to Comply with a By-law for breaching the “Behaviour of invitees” by-law.
If the resident continues to park on common property in breach of your strata scheme’s parking by-law after the named tenant was served this notice, the owners corporation may then apply to the NSW Civil and Administrative Tribunal (NCAT) for a penalty order of up to $1,100 against the named tenant. |
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