I have a carpark on a permanent lease from an independent owner. The whole carpark area is managed by a carpark company (Wilsons) who state that I can only use their swipe cards and I cannot have uncontrolled access to go in and out the entry gate (although their staff can let you in and out when they are on duty) despite the fact that I have a car that cannot go down the access ramps due to their steepness. When I took over the carpark the carparking area was managed by a different company and there was ready access in and out with no inconvenience at all. Wilsons have NO interest in my carpark at all. What are my rights to have free and unfettered access to my carpark. Neither I nor the carpark owner have any agreement with Wilsons and the changes have been made arbitarily. What could I do? Thanks, Philip
I have tried talking to Wilsons but they say it is their choice and "sod off" basically.
Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
Is this carpark on a separate title? Many car parks like this are on such a title. The rules of the body corporate and the operation of the body corporate is where you will find the operating rules. If this is the ownership structure, then you need to look at the agreement between the owner of the carpark and the body corporate. It is possible that Wilsons are in fact managing the body corporate. Could you clarify this for me? There is a system for dealing with body corporate disputes through the tenancy tribunal, and if you confirm the structure I can tell you more about this.
The carpark is on a separate title and not part of a body corporate. There is no agreement between Wilsons and a BC although there is an agreement between Wilsons and the owners of the unsold or public carparks in the same building. These are separate from the individual owner parks but in the same building.
I think it is very likely that the car park is part of a body corporate. It would be very difficult to survey off a car park with a separate title, without being part of a body corporate. Have you looked at the title? I think it is important you check that, because I am fairly certain it will be part of the body corporate. It may not be a very well organised body corporate, which may be part of the issue. And as a tenant you have less rights.
Once you have checked this, and the body corporate rules, that will help me give a better answer.
OK will do - might take a couple of days - Cheers
LLB MMgt FAMINZ 32 years qualified as lawyer
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