The Not-So-Lovable Bug with On-Title Parking Spaces

Contributed By: Nick Buick on

I sit on a BC Committee for a complex in Teneriffe that has 97 lots in the building. Each lot has underground car spaces that are on-title (ie: Not common property). The car spaces are in a secure parking garage, but they are open-plan (not individually enclosed). Over the years the committee has struggled significantly to keep parking garage clean of refuse and debris that lot owners and their tenants bring into their car space and store there. Everything from old couches, cardboard boxes, tool chests to rusting car bodies is being housed in various car spaces and making a real mess of the complex. Our onsite managers do a good job policing *their* tenants, but of course in the case of outside agents, they couldn’t care less what tenants dump in their car space, and this sets a precedent for the building that makes it even harder to keep under control. Lot owners have formally complained to our committee about this situation, and all of us on the committee absolutely agree with the complaints that it looks messy and detracts from the aesthetic of the building. However our by-laws just aren’t strong enough currently to address the issue. We have an AGM later this year, and we’d like to draft an amendment to our bylaws to bring this situation under control.

Our Manager and legend of all things Body Corporate: Richard Meek from Rubicon Body Corporate Services says:

I attach the by-laws. re the car parks, refer b/l 6 and 6.2 in particular.21/ 22 are of limited relevance.
The biggest difficulty in crafting a by-law re this is that the car parks are on title, and not common property. If they were common property then the by-law creating exclusive use usually includes restrictions on what can be done in the EUA.
I have reviewed our portfolio and by-laws and the limited few where the c/ps are on title, then by-laws are silent on the question of storage of items in the car park.

Our current by-laws.

Is there any specific wording other managers have come across in their by-laws that pertain to on-title car spaces and limiting their use to the storage of road-worthy vehicles, only? If so, can anyone suggest such wording to us, for consideration by our body corporate? Post your suggestions below in the comments. Thanks!

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