What to Do if Building Management Won't Let Me Rent out My Carspot

inerdi on 18/01/2017 - 16:41
Last edited 18/01/2017 - 17:36 by 1 other user

Hi Ozbargain,

I have just been notified by building management that non-residents are no longer allowed to use the car park. I am currently renting out my parking spot for $40 a week as I am not using the spot. I am unable to dispute this notice as they have access to all the swipe cards and will deactivate my building access if I don't evict the current renter. Could someone please advise how I should proceed with this matter? Are they legally allowed to stop me from renting my own spot, according to fair trading shouldn't they also provide 3 months notice for any evictions?

Appreciate any advice. Thanks.

Home & Garden

Comments

  • devpress on 18/01/2017 - 16:47
    +4

    Register your renter's vehicle's plates with Building Management — basically as if it was your own vehicle?

    • inerdi on 18/01/2017 - 16:51

      They already know the current person is renting as she got flagged when her car came in and wasn't in the system a few weeks ago. When confronted by management she told them she was renting.

      • loulou1 on 18/01/2017 - 16:57
        +9

        Did she not just move in with you ;)

      • devpress on 18/01/2017 - 17:59

        Did they record her vehicle's plate # ?

      • tsunamisurfer on 18/01/2017 - 18:43

        You swiped right, she swiped right.

        Love at first sight.

        Let her park.

  • spackbace on 18/01/2017 - 17:03
    +11

    Just don't do it…?

    Obviously for insurance/vandalism purposes etc, they want to be able to track the owner of the car if/when they need to.

    And no, they haven't 'evicted' you as such, so please don't pull that 3 month crap.

    • inerdi on 18/01/2017 - 17:08

      If that is the case I'm happy to provide all of my renters information to them.

      • spackbace on 18/01/2017 - 17:14
        +2

        They've told you they won't allow it… which means guess what… it's not allowed!

        • Odin on 19/01/2017 - 09:57

          That's just circular.

          If they don't allow it, talk to them, and get them to change their mind or change the rule. The rule is stupid and should be changed to accomodate people like OP.

      • [Deactivated] on 18/01/2017 - 17:16
        +5

        Does your rental agreement/ body corporate agreement specifically allow you to sublet your parking spot to a non resident? I doubt it would. So as per spacebacks comment, if they don't want it you have to live with it.

        • zappy32 on 18/01/2017 - 21:03

          Or on the other hand, does it disallow it?

          Just ask the building management to show you where it is disallowed, if it is then there's not much you can do.

  • QW3RTY on 18/01/2017 - 17:34
    +8

    I have just been notified by building management that non-residents are no longer allowed to use the car park.

    I'm guessing this should actually read:

    "I have just been informed that I have been breaching an established Body Corporate rule by leasing out my car space to a non-resident."

    As everybody above has noted — you need to comply with the Strata Rules. If you are not certain of the rules, call your Strata manager and they will provide them to you. If you are not satisfied with the rules, contact the other owners and move to vote on a change at your next Annual General Meeting.

  • djkelly69 on 18/01/2017 - 17:34
    +2

    I think there was a decision recently that said body corporates did not have the power to stop people doing AirBNB, so I doubt they have the authority to decide how people use their carspaces.

  • twadds on 18/01/2017 - 18:41

    What state are you in?
    Have they quoted a specific bylaw that they think you're breaking?
    Does your building have any bylaws that cover this?
    Is your carspace on the same or a separate title to your apartment?

  • t_c on 18/01/2017 - 18:46
    +1

    Lay low for a few months while the heat is on. Then rent it out later and make sure plates are in the system, and renter knows what to say if confronted.

  • holdenmg on 18/01/2017 - 19:36
    -5

    When you say "that non-residents are no longer allowed to use the car park" you could argue your interpreted them meaning someone who isn't a Citizen or Permanent Resident of the Commonwealth of Australia or its' Territories.

    • pais on 19/01/2017 - 00:16
      -1

      You could argue that, but you'd sound like a (profanity).

    • WT on 19/01/2017 - 11:49

      You are getting downvoted because ignorance isnt an excuse, joke or not

  • [Deactivated] on 18/01/2017 - 19:57
    +3

    Just to put a slightly different light on it - think of it from the point of view of other owners.

    You have been allowing someone into a secure area where owners have an expectation of being safe to store their property

    It's like leaving the front door open.

    They are thinking of their liability if the sub-letter damages anyone's property or worse

    • djkelly69 on 18/01/2017 - 21:51
      +3

      OP is letting one known person into the secure carpark, not the general public. How is that less safe than a random tenant or invited guests?

      • [Deactivated] on 19/01/2017 - 13:54

        Random tenant = Resident of the building
        Invited guest = accompanied by a resident of the building
        Someone hiring a car spot = non resident/tenant, part of the general public

  • Randxyz123 on 18/01/2017 - 20:52
    +8

    I'm with your building management. You've given your tenant access to a secure car park.

    Presumably you gave them your spare swipe key or something. There will be something in your contract forbidding that for sure. If I were also renting in your building I'd be furious that someone who wasn't an offical Tennant had access to the building. Defeats the purpose of a secure car park.

    They told you it isn't allowed. So guess what?…. It isn't allowed. Now I'm sure you're upset about loosing the extra $40 a week but that's just tough luck.

    (Bring on the negs)

    So to your question….What to Do if Building Management Won't Let Me Rent out My Carspot?

    Evict them!

    • zappy32 on 18/01/2017 - 21:06

      Or just add the car space renter as a tenant for your apartment.

  • ranap on 18/01/2017 - 20:57
    +2

    Do you own the place or are you renting in this building? If you own it, bring this topic up in the next owners meeting and get the rule modified. If you are renting, check first if your leasing agreement allows you to sub-lease in full or part of the apartment. Do you have some sort of rental contract/agreement with this Car Parking spot renter?
    If yes, then maybe you can provide these details to register the parking spot renter as a room mate living in with you.

    If all else fails, terminate the current rental arrangement with this car owner and then go ahead and find another car owner who can then be registered as a "resident".

    Disclaimer: The advice provided is general advice only. It has been prepared without taking into account your specific situation or needs. Before acting on this advice you should consider the appropriateness of the advice, having regard to your own situation.

  • altomic on 18/01/2017 - 22:50
    +1

    bikies

  • [Deactivated] on 18/01/2017 - 23:53

    Apartments these days are turning into fortresses.

    I should be thankful that I can walk into my house with just a key and a drive away to park my car in.

  • pais on 19/01/2017 - 00:19

    Parking spaces are a really contentious issue in apartment living. So much so that it's pretty much guaranteed to be covered by the strata rules that you didn't bother to read but signed anyway. If that's the case, you're shit out of luck.

  • sparkles on 19/01/2017 - 00:33
    +1

    Why not rent it out to another resident? Someone in your building may actually want an extra parking spot.

    You need to consider that people rent apartments with secure parking for a reason, and actually pay a premium for it. For their own personal safety, and knowing that it's secure. Now, if everyone rent their space out to randoms this implied safety and security simply doesn't exist anymore.

  • holdenmg on 19/01/2017 - 00:41
    -3

    So, if the OP gets a Taxi or Uber home, are they allowed to be dropped off in their Space after using their Access Pass to allow the vehicle to drive in? (or must they now be dropped in the Street).

    What if they have Parcels or Groceries, will they have to lug them in from the Street?

    If the OP is finding the Funds to pay and the Vehicle is in "their" Space but they are not the Driver… a strict application of this non-resident determination would mean the Vehicle stays outside and can't enter, even if the resident is in the Vehicle.

    To me there would seem to be a loss of amenity for the OP.

    If the OP ever wanted to Sell their property to a Person that had a Wheelchair and used an Access Cab, how would that work?

    • spackbace on 19/01/2017 - 02:27
      +1

      It's a gated carpark accessible by swipe card… Of course a taxi/uber isn't allowed in there! Did you think about your comment at all before writing?!
      Places with set-ups like this would generally have visitors bays, or at the very least have a drop off area of some sort.

      As to the disabled statement, if (because it's not a necessity for building an apartment building) it had disabled access, again, the taxi could pull up close to the building and absolutely does not need to enter the private carpark.

      Please think before replying next time.

      • holdenmg on 19/01/2017 - 07:53
        -2

        Sorry, but not everybody is as familiar with that as you may be with living in a Gated Community. There are lots of parts of Australia where people still don't live behind gates and walls.

        I'm suggesting the Current Owner would be hard pressed to ever sell such a Property to a Disabled Person, given that the Unit or Apartment would include a Space that (if the buyer didn't drive they could now never make use of).
        Would a Carer be granted any concessions to use it they were attending regularly? I guess not…

        Your assumption that a Taxi could pull up close to the building assumes the Gate is close to the specific Unit or Apartment (and sometimes they aren't) often the Gate to a Unit or Apartment is still some considerable distance away.

        Also, for all the other owners, how is an NRMA Vehicle (driven by a non-resident) going to enter the Car Park to attend a Vehicle (Broken Down). Do you really expect them to park outside with a Vehicle full of the tools and diagnostic equipment, or do they run jumper leads for enormous distances?
        Or would you have the owner push their car to the street for attention?
        Surely some vehicles would have to be exempt?
        What about an Ambulance?

        Maybe the OP has stretched the rules (and got caught out) but I think they are now going to extreme lengths.

        It seems obvious this is substantially motivated by the OP making a buck rather than any single (vehicle) incident or direct event that has been identified as a threat to Security on the Property.

  • twadds on 19/01/2017 - 01:25
    +9

    Assuming you are in NSW it's doubtful that they could stop you renting it out. The eviction angle has no relevance, they're not evicting anyone.

    The car space forms part of you lot and you should be able to rent it out to whomever you want to, NSW law prevents a strata bylaw from restricting a dealing in a lot. i.e They can't make rules about who you sell or rent your apartment to.

    There isn't really a difference between renting a car space and someone renting a spare bedroom. You are entitled to give your swipe card to anyone you want, you are allowed to let anyone park in your car space that you want, the same way that you are allowed to let anyone you want into your apartment.

    The issue could be that they have had people coming in and parking in spaces that don't belong to them but that isn't your problem. It's your space and you're allowed to let whoever you want park in it.

    If they refuse to let your tenant in or disable the swipe card ask them specifically what bylaw you are breaking or alternatively tell them that the person you've rented the space to is your roommate.

    • Odin on 19/01/2017 - 09:58
      +1

      Finally someone speaks some sense.

    • jhmtaylor on 19/01/2017 - 11:15
      +2

      Agree entirely. You will may need to take the body corp to the strata disputes tribunal (It is free). It may be resolved with the tribunal writing to the strata body corp explaining that blocking tenants access is illegal and that they can be subject to statutory and civil penalties if they persist.

      Before doing this I would speak to the Strata Chair about your concern. It is often a misunderstanding.

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