Question: A Lot Owner uses their garage for storage and parks their car on the street. The garage is below my apartment and they are constantly removing items and opening and closing the door. Is this nuisance?
Answer: Check your by-laws to determine if you have a “Storage” By-law which basically states that only motor or other vehicles may be stored in a garage.
Check your by-laws to determine if you have a “Storage” By-law which basically states that only motor or other vehicles may be stored in a garage and that other household or other items may not. If the items are visible from outside the garage, they may be in breach of the In-Keeping with the appearance of the building by-law. It may be that the actions of the garage owner constitute “nuisance” under Section 153 of the Schemes Management Act, 2015 (NSW).
You should also check your strata plan and the common property certificate of title because garages are considered “utility lots” under the legislation. From that definition, the garage owner may not be in breach:
- “utility lot” means a lot designed to be used primarily for storage or accommodation of boats, motor vehicles or goods and not for human occupation as a residence, office, shop or the like.
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Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.