Having an Issue with My Car Spot and Body Corporate

LSchemza on 04/10/2017 - 10:05
Last edited 04/10/2017 - 10:38 by 1 other user

Hi, been running into an issue with parking my car on premises and a body corporate rep.

Diagram: https://imgur.com/a/MLQhn

I live in a unit complex with roughly another 13 people - and every unit here has been allocated a car space to park their car. Some of these spaces are just ordinary car spots outside, and some (like mine) are garages. I would be more than happy to park my little Getz in my garage, but the fence attached to the unit I'm renting is preventing me from getting enough swing to get inside.

These units were built around the 1970's, where they had very different size regulations when making car spaces. The size of these car spaces (including the garages) do not meet today's regulations and are considered extremely small.

When I agreed to rent this unit, the listing had a car space. A garage is a car space for sure, but as I'm unable to swing my car into it due to the blocking fence, I'm having difficulty seeing as how this can be classified as one when it is inaccessible to cars - especially a tiny Getz.

The body corp representative isn't even being slightly helpful or listening to this problem. What's more is tenants aren't allowed to park outside their property as it obstructs the driveway and creates a safety issue if an ambulance needs to get through. This driveway can quite comfortably fit three cars in its width, which would leave an adequate amount of room for larger vehicles to pass.

I find some of their rules ridiculous, especially the ones preventing units from putting their clothes in their front "yard" to dry because that's where the sun hits - but that's a different story.

What would you recommend that I do?

Thank you

P.S. Wasn't sure if this topic should fit in Home & Garden, Automotive, or Other

Automotive

Comments

  • mskeggs on 04/10/2017 - 10:14
    +9

    Don't get distracted by other issues, just talk to your landlord/managing agent about getting access to the car space you are paying for, or an alternative. Clouding it with clothes drying, ambulance safety and involving the body corporate is all just giving the landlord cover to do nothing.
    Take it up with them directly. They may send a guy down to remove part of the fence, or some other solution, but make it their issue.

    • Schemza on 04/10/2017 - 20:14

      Very helpful :)

  • altomic on 04/10/2017 - 10:15
    +18

    Reverse in?

    • Schemza on 04/10/2017 - 20:14

      Still too tight for the Getz to fit in sadly.

  • Seraphin7 on 04/10/2017 - 10:46
    +5

    Your issue has got nothing to do with body corporate. The body corporate will (quite rightly) say that you are allowed to park in your garage/car space only and not elsewhere on common property.

    This is an issue between you, your letting agent and the landlord.

  • onetwothreefour on 04/10/2017 - 11:02
    +5

    'accidentally' knock the fence down with your car then you will be able to get in.

    • Schemza on 04/10/2017 - 19:51
      +1

      Considering removing the fence completely and just putting it back up when my lease expires ;)

  • Rumbaar on 04/10/2017 - 11:40

    Well looking at your diagram, if you park out the front you only block access to your garage or there someone else to the right of your garage that can't access theirs? If Owners Corp is involved, someone is being inconvenienced with you parking out the front of your garage.

    But yes, that's a concern between your Agent and Landlord. Good luck.

    • Schemza on 04/10/2017 - 19:51

      They still crack the shits if I park there, even though it's not really blocking anything and the guy with the other garage doesn't care.

  • Cheap Charlie on 04/10/2017 - 12:29

    When you viewed the property, did you view the "allocated" parking space?
    Did you receive a copy of the Bylaws when you signed the lease agreement?

    Body Corp committees are some what limited in their powers and being such a well established building, they may likely have faced their fair share of challenges in relation to parking in allocated spaces and not on common property in the past, thus they may be hard lining the bylaws as much as possible.

    As other have suggested, you will have to work back through your agent on the issue.

    • Schemza on 04/10/2017 - 20:12

      We only received the by-laws many months into the lease. Before we signed there wasn't a mention of body corp rules.

      • Cheap Charlie on 05/10/2017 - 11:33

        Interesting.
        I'm not across tenancy laws in VIC (I presume you are in VIC based on your profile?), however in QLD there is a legal requirement where by bylaws must be supplied in conjunction with the lease agreement.

        Perhaps of little use to you now, however when looking at renting a property in the future, request a copy of the bylaws during the inspection stage.

        • Schemza on 07/10/2017 - 10:34

          Definitely something I'm now aware of!

  • Ocker on 04/10/2017 - 12:33
    +1

    Relocate the offending panel of the fence so it is 90 degree angle to your front fence

  • oscargamer on 04/10/2017 - 13:41

    "When I agreed to rent this unit, the listing had a car space."

    This is what you will have to rely on.

    Do you have the original listing?

    Also,

    Does the contract refer to a car space?

    It would be different if the ad had said "this property has a garage". There is no reference to a car in that description. But saying there is a car space included, is very specific and apparently wrong, if the space can't actually be occupied by a car.

    • Schemza on 04/10/2017 - 20:10

      The listing was on realestate.com.au for 1 bedroom, 1 bathroom, and 1 car space. In the options when refining your search, you can specify how many car spaces you'd like listed. There wasn't a mention of a "garage", but there wasn't a specific mention of a "car space" except when refining the search.

  • Gronk on 04/10/2017 - 14:01

    I think the issue is going to come down to whether it's completely impossible to access the garage, or if it's just a case of you having difficulty accessing the garage with the amount of room available. I can't see how it'd be legal to advertise the place having 1 car parking spot if access to the garage is physically not possible.

  • Findo on 04/10/2017 - 14:08
    +1

    I parked in my friend’s garage when she used to live in Randwick, getting my car in took at least 8 turns of the steering wheel to not hit anything. She scratched up her dad’s car more than once. It sounds like you need to turn your steering wheel a bit more.

    • Schemza on 04/10/2017 - 19:55
      +1

      Trust me, when you're a clued on driver and try for 10 minutes to get into the garage with a mate looking out to guide you with no success, it's not an issue with turning the wheel more - but thanks :)

      • Findo on 04/10/2017 - 20:20

        Can you park further away on the street and use the ‘garage’ as a storage cage?

        • Schemza on 04/10/2017 - 20:28
          +1

          There's a train station not too far but I've had my rego plates stolen from there before. Not many people are keen on parking there.

  • good grape on 04/10/2017 - 14:26
    +5

    considering you're not a graphic designer your graphics are pretty decent.

    deal with the landlord/agent and make a point that it's hard to park but they would probably prove you wrong/demonstrate that a car can get in/suggest you get further driving training

    • Schemza on 07/10/2017 - 10:35

      blush :)

  • donbot on 04/10/2017 - 14:45
    +2

    Cant help but wonder if the fencing is prescribed by the building permit or if its something that was built years after the fact. That way the driveways would be completely accessible as it seems really bonkers to have built a driveway with a fence that obstructs access to it in even a Getz.

    Remember cars in the 70s were almost the size of ships. Not all were - but I'd say a lot of them were bigger and longer than a lot of cars today, especially a Getz.

  • JimmyF on 04/10/2017 - 17:18

    So a 70's tank could park in there, but your modem tiny getz can't fit?

  • Mumbles on 04/10/2017 - 17:41
    -5

    Wow. That's a terrible location for a garage even if you were a decent reverse parker.

    OP why did you agree to rent the location with the worst parking spot?

    I'm guessing its because you chose low rent over any other concerns. Sorry to say, but you made your bed and its time to lie in it.

    Rental agreements are all temporary. Body corp and local laws are not. Your problems will be gone when your rental agreement is up and you move to a better place.

    In the meantime a solution could be selling your car, catch public transport, buy a motorcycle that fits your garage+driveway. At next rental property you can repurchase what suits the property/location/lifestyle/budget.

    • Schemza on 04/10/2017 - 20:05
      +2

      That's funny, because the "low rent" argument is exactly what the body corp rep used.

      If a listing for a rental property states that there is a car space but that said space is located in a place that is inaccessible to cars, it doesn't matter how much money you pay per week for that property. You have been misled and deserve at least a compromise. I need my car to get to work and sadly public transport isn't an option.

      I do however completely agree with my problems going when the lease is up.

  • Neptunesblood on 05/10/2017 - 17:59

    I have dealt with Body Corporates in the past and they are scum pure and simple. Money grubbing vampires.

  • ihbh on 16/10/2017 - 20:54

    Have you considered getting a motorbike?

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