Strata Bylaws And Boat Restrictions

[Dangas]

Hi Raiders

I was wondering if anyone has gone through the complications caused by strata by laws on parking of a boat on their property?

I currently am a home owner of a lot inside a community complex (picture those new Mirvac built communities)

Being a strata complex with community area and facilities there are by-laws which home owners must abide by.

Now under the by-laws boats cannot be parked on the driveway or on community area, and the only place for it is the garage which is too small.

I was told by the previous strata management that i can park in front of the house,

but now the new management has informed me that i cannot park it there.

What can i do? i dont want to move out of my house or sell the boat. Has any other raider experienced this problem and is able to offer me with any advice?

These bylaws are frustrating at the best of times. It makes me mad to know that a small group of people who control the bylaws can dictate what i can and cant do on my own land!!!

[Tip Tip]

Hi Raiders

I was wondering if anyone has gone through the complications caused by strata by laws on parking of a boat on their property?

I currently am a home owner of a lot inside a community complex (picture those new Mirvac built communities)

Being a strata complex with community area and facilities there are by-laws which home owners must abide by.

Now under the by-laws boats cannot be parked on the driveway or on community area, and the only place for it is the garage which is too small.

I was told by the previous strata management that i can park in front of the house,

but now the new management has informed me that i cannot park it there.

What can i do? i dont want to move out of my house or sell the boat. Has any other raider experienced this problem and is able to offer me with any advice?

These bylaws are frustrating at the best of times. It makes me mad to know that a small group of people who control the bylaws can dictate what i can and cant do on my own land!!!

Dangas

I'm a real estate agent and deal with some stupid by laws when selling units. If you had a strata manager who told you something and it's not in writing theres not much you can do but to stick to your guns and ignore them for as long as possible. They can threaten fines but they have to take you to the consumer trader tenancy tribunal and depending on who hears your case can be rather simpathetic to you.

Tip Tip

[jewgaffer]

Hi Dangas if they haven't got anything about boats in plural and boat sizes in general in the paper work I'd be more inclined to hit the majority with fish and hit the minority with a kayak and a car topper as well

Cheers

jewgaffer

[ajb]

All I can say is I hate strata!! Moving out of my unit cause I can't handle all the bs involved. Stick to your guns mate.

[Dangas]

It makes me so angry ... ive paid for this land and i should have the right to use it to at least park my boat on my yard. These strata houses are built with such small garages that you would only be able to barely fit a kayak let alone boat and trailer. Yet they expect people to keep their "Trailerable" vehicles in the garage.

Anyway, im just gonna stick to my guns and find a solution with the strata committee. I know the culprit who made the complaint initially...just a jealous neighbour thats had it in for me from day one. Unfortunately they are on the executive committee ... so gonna be an uphill battle.

[4strokn]

It makes me so angry ... ive paid for this land and i should have the right to use it to at least park my boat on my yard. These strata houses are built with such small garages that you would only be able to barely fit a kayak let alone boat and trailer. Yet they expect people to keep their "Trailerable" vehicles in the garage.

Anyway, im just gonna stick to my guns and find a solution with the strata committee. I know the culprit who made the complaint initially...just a jealous neighbour thats had it in for me from day one. Unfortunately they are on the executive committee ... so gonna be an uphill battle.

Hi Dangas

With a lot of exclusive and gated communities now being built they can have quite restrictive covenants placed on them dictating things such as facade design, fencing types, colour schemes and even parking arrangements. It is all about amenity and property values. You should have received a copy of by laws when you purchased if not get a copy from the stata committee and read it thoroughly , fine print and all. Hope it goes well for you.

Steve

[Geoff-]

Anyway, im just gonna stick to my guns and find a solution with the strata committee. I know the culprit who made the complaint initially...just a jealous neighbour thats had it in for me from day one. Unfortunately they are on the executive committee ... so gonna be an uphill battle.

That will be uphill but I wish you the best of luck, just stick to your guns and keep saying how you're a good owner and the previous strata manager said it was OK and you are mindful of noise and keeping the area pristine etc. If they say "but it's against the by laws" just say "well the previous manager said it was OK" and stay on that message. Don't get the slightest hint of agro, stay 100% calm and stay on message eventually they will give up or take it to the tribunal and as others have said you may well get a sympathetic ear if you play the "woe is me" card like you're trying to do everything right and now someone is telling you you have to get rid of your boat if you want to keep on living there - even after you've had it on your lawn for a couple of years and it has never caused a problem.

To be blunt, ****wits who complain because other people have nice things shouldn't ruin it for the rest of us.

[Stacer560]

hmmm tough issue,by laws can get nasty. In this case, you should have researched into parking/storing a boat in community title area.

Most people on strata/community committees LOVE politics in a non political way. They get there weekly HIGH enforcing strata law.

Im a real estate agent, and i have seen them in action, and also unfortunately some of them coping a hail mary to the chin and put to rest for a while. (but thats not the best way to sort out your issues).

Firstly, before buying you should have read those nasty strata and community By laws.

In short, i would say you will not win the case if it went to court/tribunal.

But before that, where exactly do you park your boat.

On the street? Your front yard? In the driveway?

If its common property, then yeah you are breaching the by laws.

I assume you bought a land & house package in those nice little communities where its so green and pretty, but yet they screw the shit out of you if you have a toy / boat / caravan. By laws are nasty, and in this case, i think you will lose.

BUT, when you go to the tribunal just state the facts, boat doesn't fit in garage, there is NO allocated parking area for boats / caravans in the estate which could be considered as a restriction, there is no restriction to the size of boat you could have, and maintain the previous strata allowed boats to be parked on the street/common property.

Try this, ask strata if you can modify the garage to FIT the boat, when they say no, then go to tribunal and say you tried to resolve the issue, they objected, now what?

[SPARKY]

Thanks for the support guys, i will definitely take in consideration all the advice from posts when i have a meeting with the committee board members.

[Dangas]

Thanks for the support guys, i will definitely take in consideration all the advice from posts when i have a meeting with the committee board members.

Whoops this post was coming from me... was using frens profile. sorry for the confusion.

[dunc333]

stick it to them mate these people own 1 lot and they think they can tell everyone what to do,i live same sought of set up and they have banned the kids from kicking the soccer ball on the communtiy grassed area and no kids can play outside if there under 15 ,ive told them to go and get f----.and get a real problem.and they have not said boo to me since!!!!!!!

[tuffy]

It makes me so angry ... ive paid for this land and i should have the right to use it to at least park my boat on my yard.

Dangas, it may be that you have not paid for "that" land, but being a strata situation you may technically only own the land that the dwelling is situated on, the rest being either common land or owned by the strata collective. Just a thought because this is how it is with unit/townhouse developments. I may be wrong but check it out before you get more frustrated.

Cheers, Tuffy These strata houses are built with such small garages that you would only be able to barely fit a kayak let alone boat and trailer. Yet they expect people to keep their "Trailerable" vehicles in the garage.

Anyway, im just gonna stick to my guns and find a solution with the strata committee. I know the culprit who made the complaint initially...just a jealous neighbour thats had it in for me from day one. Unfortunately they are on the executive committee ... so gonna be an uphill battle.

Edited May 10, 2010 by Tuffy

[Floating_Medic]

I thought idiots like these strata guys would love having boats and caravans out front on show.

It would make potential buyers think what a lovely little community it is with its boat owners and traveling folk ect.

[dave nagy]

Yes they can take you to the CTTT( Consumer Trades & Tenancy Tribunal)

Which, if the by law states that no trailers are to be parked in view from the street than they can get a order on you to remove it and eventually fine you.

Best bet is to stay calm and ask for permission form the Owners Corp. at a AGM or EGM. State the reasons.

Most of the time if you do the wrong thing from the start than that gets the owners corp. off side from word dot.

Sometimes these people love the fight if they know that they have you by the B.lls and can hide behind the By-laws.

Play their game.

You as a owner have the right to tell the strata manager what to do through the committee members.

Find out who the committee members are, and befriend them.

A little chin wag with them may go a long way see if they care if a boat is parked out the front. This may help when you ask for permission at the meeting.

They may not care but the strata manager is doing their job and trying to uphold the by laws that the owners corp. voted in. This may have happened back at the 1st AGM years ago.

You may have to bet a special by-law granting exclusive use and permission to park the boat there. If this is the case offer to do it your self through a solicitor so the owner’s corp. don’t have any out of pocket expenses.

In the by-law you could have it stated that while you are the owner of the property only, so the owner’s corp. know that when you move the next owner won’t be able to.

This may calm them a little.

[dunc333]

yes your right with the bylaw rules mate ,and they can hide behind them,but where is there common sense?they dont have any,and im sorry to say but most of them should be in a retirement village where they belong,sorry it just gets up my nose as i have been a secretary of a body corp.and all you need is good communication skills and some common sense and everyone is happy,these people are 95% made up of emptynesters ,so they downsize there property and buy into a strata and expect it to be like they were used to owning there own block but have never had the experience of living in a strata setup.and perhaps some education is needed so every body can live in peace and harmony which these very people cant get because they are used to making there own rules ,so they decide they will tell everybody else what to do so they can feel important and have a sense of power,they realy need to get a real problem.(sorry for my rave raiders )thats my 40cents worth.