NSW: Q&A The Right to Access Your Strata Lot
Question: My allocated parking spot has a tree in front if it which makes accessing the spot especially challenging. What can I do?
I am currently renting a strata unit with an allocated parking spot. My allocated parking spot has a tree in front if it which makes entering and exiting the spot especially challenging. I have written to the property agent, who has forwarded it to the strata managers, who said they will put it forward to the strata committee’s decision. I have followed up multiple times but was told they have not decided. I suspect that they are just going to ignore me and hope that I give up. Is there anything I can do to push for a decision?
Answer: The tree likely constitutes a nuisance under the strata legislation
You could threaten the Owners Corporation with proceedings at NCAT as the tree likely constitutes a nuisance under the strata legislation. As you are an “interested person” you may apply for mediation and if the owners corporation does not attend or resolution is not reached, you could apply for orders from NCAT. In the meantime, you could ask the Landlord for abatement of rent on the basis of reduced amenity in accessing the car space.
For the full question and our detailed response, visit the original publication at Look Up Strata.
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