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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Is this a free service for my question? how much is this? I

Customer Question

is this a free service for my question?
JA: The Lawyer's require payment for their services. It's way less expensive on JustAnswer than face-to-face would cost.
Customer: how much is this? I have a question of our car park managing company is unable to enforce a repeat offender using a disability car park space.All they can do is put notices on his window which he ignores and has ignored for years until we were informed this was happening. We are owner residents of this apartment block
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: nsw
JA: Has anything been filed or reported?
Customer: We have reported it several times to the Carpark management since May. Before that we spoke to the police and council where they said the responsibility lies with the Car park management. The CP Management told us they issued a cease and desist letter to the car owner. Who has ignored this letter sent two months ago. The CP Management was escalated and the manager is giving a lot of excuses. The latest one is that some of disable carpark slots is managed by a second car management company. This is not good enough when they could have told us in March when we first raised it with them.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I want to know if I have to pay a fee and how much this is?
Submitted: 1 month ago.
Category: Australia Law
Customer: replied 1 month ago.
CP Management said they were going to discuss this at their Exec meeting, and this was 3 weeks ago. My husband who is a strata committee member has informed the strata committee of this offender. Who is known to the older members of the committee. His security card for the car park was removed, but he damaged the boom gate. This guy is ignoring everything and it is in principal, that he bears the consequences of his actions. The second CP management, well, husband is chasing them as well, and they talk about these slots move around on lease arrangements. This is uncovering the fact that car park 'management' is only token, and they are not effective at all in enforcing offenders. Apparently, in November council can now fine people such as these for disable parking but this offender has had 5 years where he has laughed at how he has fooled us through his parking. He has 3 cars/vans and he parks his van (which is a airport transport van - his business) in this disable car park. The building manager has it in his report book for years now.
Customer: replied 1 month ago.
CP Management #1 took over car park management in December 2015, and through the escalation from my husband, has looked at the Building managers report book. This is in March 2016. Isn't there a law that council/police/Car park management can use to address this offender. What recourse can we take as a resident, short of waiting for November to arrive, and repeat the same process with the Council. We are now in August. 5 months when this was brought to CP Manager 1's attention. I am disappointed at the ineffectiveness of companies such as these.
Customer: replied 1 month ago.
Please advise what can be done. I am not sure anything legal can be done but I proceeded to put a $5 deposit to explore with you. I await an answer. Please respond when an answer can be provided so I am not waiting on my PC watching the screen.
Expert:  Leon replied 1 month ago.

Good Morning,

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

Is this a car park in a strata block?

Customer: replied 1 month ago.
Customer: replied 1 month ago.
The inside car park is a residence and public car park that is underground of the apartment block. The disability spaces are in the car park which is accessible just after the boom gate, so anyone with a disability sticker can park there. There are 6 spots. Please respond soonest. I am at home now.
Customer: replied 1 month ago.
As residents, we report anything to the building manager, who is not responsible for car park management but passes the information to the car park management company. Abacus (Sydney).
Expert:  Leon replied 1 month ago.

Good Morning

Does the body corporate have an agreement with the management of the car park?

Customer: replied 1 month ago.
The agreement is:
The Representative strata committee (of each six strata (we belong to ONE of them (Strata residential), going up to 13 strata bodies) and Abacus (CP#1, Centuria CP#2 (two car park managers who are the car park management as they are commercial strata owners). They direct Building Manager through the committee. The building manager only reports offences and has tried removing access to this persons security card via the previous car park management.
So the body corporate (Strata resident) represents 1/6 vote with the car park managers.
Expert:  Leon replied 1 month ago.

Good Afternoon

The car park managers are employed to look after it. If they are not doing their job the agreement you have should set out they can be terminated.

They are in breach of the agreement.

Also there should be bylaws that say you cannot park in the disability parking unless you are disabled. The body corporate can deal with this and also sack the managers of the car park,.

Customer: replied 1 month ago.
Thanks Leon. We have asked the car park manager (one of them) for the commercial bylaws. Our contact did not know the bylaws. Yes - we agree they should be sacked. Agreement is also being requested. The CP Manager (both of them) are elusive and always 'we understand and appreciate your position/request'. Can you suggest a stronger and fair statement that we can hold them to relating to the breach and lack of desire to enact anything. We have experienced since March that both car park managers act as 'token' managers and clearly through their response, don't see it as a priority to manage those spots (ie action against repeat offender. We're not even talking about those random parkers. It the repeat offender who has ignore everything for years. This is very frustrating for us residents. I also have elderly parents and have encountered all disability spots used up by vehicles (not displaying disability permits), and especially when a spot was used this repeat offender (Which I could have used). I had to reverse out, and park outside with my elderly mother, and she had to walk a distance to the building. Other than, get the agreement and bylaws, what stronger words and/or action can we use to address this repeat offender.
Expert:  Leon replied 1 month ago.

Good Morning.

The by laws should be with the body corporate and also registered on title with the land titles office.

The information you are requesting should be held by the body corporate and as an owner you are able to get a copy.

Have you requested it from the body corporate?

Customer: replied 1 month ago.
Hi Leon, the disability spots are covered by the commercial strata and bylaws. We have to obtain them from the commercial strata which we have requested. Hopefully arriving this week. Should they be with the residential body corporate by law?

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