Parking outside My Windows on Shared Driveway

Potatosaurus on 23/01/2023 - 10:30
Last edited 23/01/2023 - 10:38 by 1 other user

Hi everyone. I'm looking for some advice as to what you think is appropriate in this situation as I'm unsure where/who else to ask.

I live on a hammer head block and share a driveway with my neighbour. I can enter my town house without disturbing her, but she needs to drive past my house to get access to her town house. This is fine, except she has a "visitor" that parks his car directly in front of my town house, multiple times a week (mostly late at night and into the next day).

There is plenty of parking on the street. Our bedrooms are at the front of the property and having people come and go isn't the greatest at the best of times, but having someone park within arms reach of my windows feels like a huge invasion of my privacy. I never have my windows or blinds open because of the ugly view/noise/smell of the old car and that just feels unfair to me. I would at least like to enjoy the morning sun in my bedroom without a car blocking it. I have lived here significantly longer and it's definitely not what I signed up for.

Please tell me if you think I'm being unreasonable. I have discussed the matter with her in the past and she agreed I deserve to feel comfortable in my home, but nothing changed. Please be gentle, I'm a tired mum who just wants to live in peace.

Home & Garden

Comments

      • Seraphin7 on 23/01/2023 - 11:57
        -4

        And obviously nothing has come of it so it would seem time to speak more plainly about the situation.

        I'm just not sure what these posts are designed to achieve … that some previously unknown magic wand can be waived that will create a force field around the space to physically prevent the car from parking there?

        As usual, the steps are … raise the matter "conversationally" … raise the matter "plainly" … raise the matter "firmly" … formally raise the matter with the property manager … follow up to get an outcome … formally raise the matter every time the issue recurs … demand the property manager take whatever enforcement actions are available.

        • Muzeeb on 23/01/2023 - 12:00
          +1

          That makes sense now. Cheers.

        • Potatosaurus on 23/01/2023 - 12:11
          +4

          Unfortunately there is no property manager, we both own on a community title. I was requesting the thoughts of others as to whether or not they find this acceptable/if I am being unreasonable to peruse him in asking him to park elsewhere. I would like to know what others may do in this situation

          • Seraphin7 on 23/01/2023 - 12:27
            -2

            @Potatosaurus: Is there no community manager (or whatever they might be called) that manages the common property on behalf of the owners?

            • jjjaar on 23/01/2023 - 12:36
              +4

              @Seraphin7: Often when it’s only a few lots, the common property only really needs insurance and minor garden maintenance so it’s managed by the owners themselves as managers cost so much more than what is actually required to manage it.

              • Seraphin7 on 23/01/2023 - 13:08

                @jjjaar: That's of course often the case. While not definitive, "community title" often refers to large communities/estates with a large number of properties falling under the one scheme where a manager would be typical, although it appears that may not be the case here.

                Either way, the common property is owned/managed by "someone". That someone may have employed a manager or not.

                There are various laws, rules, regulations, etc. that govern the way the common property may be used and the rights/remedies available to relevant parties when there are issues such as this one. Ultimately, whatever those rules and parties are that are particular to this situation need to be consulted/referenced/managed, etc. by the OP and acted upon accordingly.

                That said, direct conversation between parties is always the way to commence as it will certainly be the cheapest and quickest way to resolve assuming all parties are acting reasonably and in good faith. "Formal" steps would only be taken once it is clear there is one or more unreasonable parties. The steps typically are lengthy, costly, and adversarial. They may be necessary, but should only be considered after direct conversational approaches have failed.

                As noted above, there is no magic wand here. Speak directly with the neighbour until you feel you are not getting anywhere … I'm not sure the OP has exhausted this avenue … and then take whatever actions are available per the specifics of the scheme noting the above hazards.

      • cookie2 on 23/01/2023 - 18:15

        I was about to write the exact same…you know….thing

  • o53djz7qTPY4der on 23/01/2023 - 13:34
    +7

    There has to be an end of year award for Best MS Paint diagram? I'm nominating this one.

    • DashCam AKA Rolts on 23/01/2023 - 13:55
      +2

      Yes, outstanding effort IMHO. 5/7

      • Chael Sonnen on 25/01/2023 - 15:10
        +1

        It is an amazing picture, but not sure if it's really worthy of the perfect score you've given it.

    • Potatosaurus on 23/01/2023 - 14:02
      +7

      Even if this issue remains unresolved, I appreciate the vent and the nomination :)

  • Drakesy on 23/01/2023 - 14:49
    +8

    Technically the area they're parked in is a clear turning zone, set aside for doing a u-turn. Parking in it would negate the possibility of this. You have every right to get them to stop.

    • JimB on 25/01/2023 - 11:50
      +1

      This.

      When applying for a planning permit for a 2 or more lot subdivision, a car needs to be able to be driven in head first and also driven out headfirst.

  • Some Human on 23/01/2023 - 20:21

    I can see how this is annoying, but isn't this the sort of thing you expect with units/ town houses?

    Maybe you could try putting a no parking sign next to your window?

    • hasher22 on 24/01/2023 - 01:48
      +2

      OP has a unique driveway design which is shared between the two homes. I would also be annoyed if there is a car in-front of my bedroom window and I can literally open the window and touch it.

    • Nebargains on 25/01/2023 - 10:22
      +1

      Definitely wouldn't be expecting visitors to park on a shared driveway, especially when it sounds like there is ample parking on the street.

  • bobbified on 23/01/2023 - 21:30
    +1

    Are you male or female?

    This probably works better if you're male, but you stand at your window completely nude one night so that they cop an eyeful as they get out of the car.

  • Chewy2221 on 24/01/2023 - 11:08
    +3

    Flatchat.com.au has a forum which discusses all type of tenancy/strata issues. You might find something of value in the discussion. Good luck 🤞

  • jackspratt on 25/01/2023 - 00:01

    Is it April 1 already?

    • smartazz104 on 25/01/2023 - 09:01
      +2

      No, go buy a calendar.

      • jackspratt on 25/01/2023 - 22:59

        Thanks - but I have decided to buy a "You Gotta Be Kidden Me" detector instead.

  • Meowcat on 25/01/2023 - 02:04

    As mentioned above this area would surely be noted in some traffic mgmt plan during approvals as a nose in/ back in area so you can turn around and not have to back out/ back in along a long driveway etc.

    Better yet borrow a trailer to further prove the point lol

  • DarkOz on 25/01/2023 - 07:30

    It's a driveway and not a designated parking space so no car can park there if a resident objects to it. I would suggest you to ask the driver nicely not to park there because it's right next to your bedroom and you want some privacy. If that fails you can contact the building management/strata.

  • smartazz104 on 25/01/2023 - 09:01
    +9

    The best part of this post is one specific person who has lost their marbles, like they are OP's neighbour or something.

    • Miss B on 25/01/2023 - 11:15
      +2

      I think they took "please be gentle" as some kind of challenge to be as nasty as possible.

  • ihbh on 25/01/2023 - 09:24

    Park your car there first.

    • DashCam AKA Rolts on 25/01/2023 - 10:24

      Can't do that, O.P. would be blocking access to neighbour's garage.

  • idonotknowwhy on 25/01/2023 - 09:59
    -8

    (profanity) I hope I don't get you as a neighbor

  • Motek Benzona on 25/01/2023 - 12:02
    -5

    Friend parks car outside person they are visitings garage. Quick, call the cops. JOKE THREAD. WTF is wrong with people these days? BUY SOME CURTAINS

  • Poor Ass on 25/01/2023 - 12:05

    Photos and MS Paint please

  • lunartemis on 25/01/2023 - 12:43
    +2

    The first thing that came to mind is the sketch from Superwogs, where the dad puts out furniture in front of the house.
    https://youtube.com/shorts/M0UdL4Xg84o?feature=share

  • trapper on 25/01/2023 - 12:54
    -2

    They have every right to park there.

    There is nothing you can do other than ask nicely and hope for the best.

  • jatbinks on 25/01/2023 - 13:13
    +3

    Leave your bins out next to the parking spot for a couple of weeks. Once they are accustomed to parking somewhere else, take the bins back in.

  • uzz30 on 25/01/2023 - 13:48

    From what I understand, you don't have Strata title, so Stata law doesn't apply. If it did you'd have solid grounds to have the offending vehicle removed.

    In New South Wales, section 153 of the Strata Schemes Management Act 2015 states that an owner or occupier must not use or enjoy the lot or common property in a manner, or for a purpose, that causes a nuisance to the occupier of any other lot.

    Source : https://picagroup.com.au/article/library/law-of-nuisance/#:~….

    Still, the 'vibe' of the law may still stand in that common property must not be used to cause a nuisance to any other occupier. There's no doubt the parked car is a nuisance to you. Hopefully the driver is responsive to your plea to not park there when you explain why, otherwise it's going to get complicated. I wish you luck.

  • D3HUN on 25/01/2023 - 16:04
    +3

    Ok, as a starter: you are not over-reacting. People who says this, doesn't know how disrupting this can be. I do because I had/have the exact same issue and also there are various regulations to avoid similar situations.

    If neighbours are not cooperating, you can look at the following:
    - if it is a strata, there should be by-laws regarding Noise and Parking on common property (such as the driveway) - you can request a breach notice and move on from there if they don't change
    - EPA vehicle/neighbourhood noise regulations: https://www.epa.nsw.gov.au/your-environment/noise/vehicle-no…

    With EPA, look at this section:
    * "Using a vehicle on residential premises (other than for entering or leaving) that can be heard inside a neighbour's residence, between 8 pm and 8 am on a Saturday, Sunday or public holiday or between 8 pm and 7 am on any other day"
    and * "https://www.epa.nsw.gov.au/publications/noise/21p3039-dealing-with-neighbourhood-noise"

    Good luck to get this right.

  • [Deactivated] on 25/01/2023 - 17:26

    I've said it before. Never talk to neighbours about problems. It's a nice Pollyanna theory people are all good and kind and just want to get along, but experience has taught me it only makes us look guilty when someone else does something, anything, to them or their stuff. e.g. Some brat keys it down at the shops but he doesn't notice it until the next morning so thinks it was us. Or someone breaks in and steals the stereo. Or he picks up a nail driving onto the dirt at the side of the road which deflates his tyre over three nights, etc. They assume we did it out of spite because we're the b_tch/pr__k who "have a problem" with them.

    That said, if it's a strata rental (sounds like it probably with a "visitor" parking spot) then bring it up at strata and/or real estate agent. Ask them if you can keep a trailer there, plants in pots, an outside table/chair setting, a BBQ.

    I lived in that situation once with a tenant using the visitor park themselves. Strata clarified "visitor" meant only for people who drive in for a very limited time, a few hours at most, or like to drop off a parcel or a person - never for overnight "visitors."

    You could dark tint your window if it's always closed, or cut and tape a large cardboard sheet using a Harvey Norman store fridge box. If the window is higher than the car, you could just cover the lower half of the window. Or maybe hang a sheet. That way you could spray some cheap toilet deodorizer on it. (When my real estate agent does inspections I spray a couple of light squirts of a cheap toilet deodorant into the bathroom curtains to mask any smells I might have missed cleaning, lol.)

    Or if you use the window then put some kind of office divider screen in front of it so it can still be opened to have a breeze and view out from the sides when you want, but no view directly in.

    If his car stinks get some long pots and plant some kind of fragrant vine thick with leaves in summer that will also shade the window, but drops its leaves in winter to let the sun in if you need that - or else retains them year round according to your preference. (Ask a plant nursery.)

    Another option is swap cars with a friend/relative, use their car as yours, and vice versa. Now you can park in the visitor space yourself. Any complaints from her/him to strata, then it's not your car, it's your sister/aunties car who visits, and "just walked to the shops." If they see you driving it, meh, so what - you asked for some consideration, other parks are available, he ignored and refused just to be a jerk. The car is still not in your name just as his is not in his girlfriend's name so same situation. And if they do some scummy move like photograph you driving it, just tell strata auntie asked you go to the shops for her and to use her petrol instead of yours. The car is is registered at a different address, it's only doing what he was already doing himself, so why can't "auntie" have the visitor space just as he would if she wasn't there - no difference.

    These were the nice ones. I might not do it, but I'd be tempted to do something non-harmful but annoying like let his tyres down at 2am after making sure he didn't have a dashcam. But the problem is you've already revealed your irritation over it. Without that first discussion you would have had plausible deniability. e.g. "Oh, really? Yeah that happened to my sister/friend a few times when she parked there. She decided to park on the street under the lights and it didn't happen again. Nah, no idea who it was."

    … all the way through to blending prawn heads and sardines into a batter and pouring them into the air vents below his windscreen. At least THEN he might smell it, never be able to get rid of it, so sell the car for one that doesn't stink. ;-D

    Restraining order. A bit far, but if you own the place and they're not going to be reasonable (I mean really, a guy, who doesn't pay rent there, parking where he can leer into another woman's window at will (or even just by mistake), then why not. You pay rent or own, it's a home where you should feel private and safe.

    Renting? Move. I found living in units/strata always turned into a pain. Neighbours with a fence between are bad enough. Apply to real estate agents and check with them every 2-3 weeks whether something has come to show them you're genuinely interested.

    Good luck with it.

  • [Deactivated] on 25/01/2023 - 18:32

    Yep now I fully understand, if renting I'd move. If it's public housing I'd apply for a swap. Even if you have to swap two or three times it's worth the "investment" to gain privacy and for the children's safety. (One swap to get out, and if #2 isn't suitable, apply again and while you wait paint the place, dig in some plants, throw on some grass seed, make it look nice to make the third swap easy.)

    Why? Because the next neighbour might be even worse… Working on their cars, dumping oil on the concrete, driving in and out at 2am half-drunk, loud talking and music at night… Meanwhile your kids get older so eventually they could be riding their bike/s down the driveway of those times. Much better to lose a couple of thou$and moving a couple of times to get your own enclosed block/yard.

  • [Deactivated] on 25/01/2023 - 20:14
    +1

    Read the Plan
    Read the Bylaws
    Approach the Neighbour (Be Nice)
    Fair Trading (Be Nice)
    NCAT (Be Nice)
    https://www.ncat.nsw.gov.au/documents/factsheets/ccd_factshe…
    Then escalation - I would start by parking in that spot.
    Good Luck - Some people DGAF
    https://www.news.com.au/lifestyle/real-life/news-life/neighb…

  • nekro on 25/01/2023 - 20:16

    Bikies

  • May4th on 25/01/2023 - 22:02
    +1

    nice polite note to start with

    but if a car in that space blocks your neighbour then it is not a parking space. get strata committee involved

  • Samson2020 on 25/01/2023 - 22:06

    Can you ask him to park outside the other side of the roller shutter? that way he is not right outside your window.

  • LoserScott on 26/01/2023 - 01:41
    -2

    Hmm she sounds fragile. Best just move on with life

  • garage sale on 26/01/2023 - 02:43

    it’s common property and not marked as a parking spot ….. unless marked as a car spot can’t park there …..it’s a body corporate thing, and everybody is renting the owners don’t have issues just want rent …..if people own units they can vote at body corporate and that is trickier ……else it’s a body corporate matter for the body corporate to issue notices and agents just send body corporate letter …agents want their share of rent and empty units don’t generate rent while they look for new tenenats and owners don’t like empty units either …..

  • tik tok on 26/01/2023 - 07:52

    Its an old car? Just stuff a potato in its silencer. Gives your neighbour a chance to say "username checks out" too.

  • Herbse on 26/01/2023 - 09:27
    +1

    Sounds to me like one of those things you have to deal with when buying/living in strata property.

    Cheaper for a reason.

  • hawkshead on 26/01/2023 - 12:08

    why your room gets filled with petrol fumes from their exhaust. it's aweful. leave them a note, they probably dont realise.

  • belongsinforums on 26/01/2023 - 13:46

    can't put traffic cones there and leave a few signs?

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