Body Corporate forcing me to keep the bike in a open garage.

Body Corporate forcing me to keep the bike in a open garage.

Postby ABK » Mon Mar 04, 2013 11:58 pm

The Body Corporate in the building I live in is intending to introduce a rule stopping me to bringing bikes up the stairs into my rented apartment. The Body Corporate head forcing me to leave my bike at the open garage. They have installed bold with a chain to the wall. One of the unit in the apartment block was broken in, a week ago and thieves also took the car belongs to that unit with them. My garage is very narrow and its almost impossible to keep the bike there when the car is in. Its because the head of the body corporate accusing me of scratching the paint of the railing in the stairs. I'm pretty sure that those scratch marks seen on the railings due to renovation done for the head of the body corporate who lives next to my unit. Anyone has some commonsense can understand that those marks couldn't be done by a moving bike. There are number of other riders are in the apartment and they all take the bike in due to security threats but only I was asked to do that. What should I do with this matter ?.
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by BNA » Tue Mar 05, 2013 7:07 am

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Re: Body Corporate forcing me to keep the bike in a open gar

Postby thomashouseman » Tue Mar 05, 2013 7:07 am

I'd probably be asking in a forum like this: http://www.flat-chat.com.au/

But keep us informed of what they advised! :)
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Re: Body Corporate forcing me to keep the bike in a open gar

Postby brett.hooker » Tue Mar 05, 2013 8:00 am

Attend the body corporate meeting, along with other renters and put your case.

Also ask each rider to write to their rental agency highlighting the issue and the vote.

Highlight that you will need to move to another place if this rule is introduced. This will mean gaps in rental income for the owners.

Specifically ask the owners to vote against this measure. Be specific.

Bylaw changes are voted on at body corporate meetings. Work the system.

If it doesn't work out. Move, or ignore the bylaw for as long as you can before you move.
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Re: Body Corporate forcing me to keep the bike in a open gar

Postby jcjordan » Tue Mar 05, 2013 8:41 am

It's hard to apply grandfather, ie changes after you have accepted the rule ane moved in, clauses like this to renters in strata environments.

Couple of things to work on
- ask for proof that you made the scratches. Lets face normal wear and tear could cause it
- not that the changes to property storage should be identified to the insurance provider. This will cause a reassessment if the costs. With the recent break in this could get costly

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Re: Body Corporate forcing me to keep the bike in a open gar

Postby simonn » Tue Mar 05, 2013 9:21 am

What can they do if you just ignore them?
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Re: Body Corporate forcing me to keep the bike in a open gar

Postby rkelsen » Tue Mar 05, 2013 10:12 am

As above. Or move out.

If you don't want to move out, you could always fix the scratches and then keep bringing your bike in.
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Re: Body Corporate forcing me to keep the bike in a open gar

Postby skull » Tue Mar 05, 2013 10:38 am

That is a rubbish ruling and surely cannot be enforced.

Pretty sure you are entitled to quiet enjoyment of your residence. To say you cannot have your push bike in your apartment is affecting this.

You can apply to over rule by laws if they are unreasonable.

It is like pets now in ACT. By laws can make all the rules they want about no pets however legislation states that they cannot be unreasonably refused.

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Re: Body Corporate forcing me to keep the bike in a open gar

Postby queequeg » Tue Mar 05, 2013 1:35 pm

Call their bluff and point out that any object being carried up/down stairs can leave scratches of railings.
Ask the body corporate to also ban people from all activity that can result in scratching, such as moving boxes, using stair trolleys, taking your shopping up the stairs etc.
Then, ignore the stupidity of the ruling. The body corporate has no power to do anything except issue you letters ordering you to comply with the by-laws. Find out which by-law you have supposedly breached. They can't just make up new by-laws without a full AGM, and those by-laws can't revoke any of the standard by-laws.
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Re: Body Corporate forcing me to keep the bike in a open gar

Postby herzog » Tue Mar 05, 2013 1:55 pm

Ask him what is the deal with prams?
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Re: Body Corporate forcing me to keep the bike in a open gar

Postby sogood » Tue Mar 05, 2013 2:15 pm

brett.hooker wrote:Attend the body corporate meeting, along with other renters and put your case.

Unless specifically invited, I don't think renters are entitled to participate in a body corporate meeting. For the renter, the proper process is to go through the owner of the unit. In any case, be extra careful when transporting your bike, be extra nice and courteous to those owner residents, and be prepared to negotiate your way around it. Some Owners Corporations are weird while most are fairly reasonable. It's often not worth damaging one's relationship to those neighbours.
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Re: Body Corporate forcing me to keep the bike in a open gar

Postby barefoot » Tue Mar 05, 2013 3:48 pm

If you get into a discussion with the owner and/or body corporate, you could point out that your bike is made of carbon fibre and/or aluminium, which _always_ comes off second best when rubbed against steel, concrete and brick.

It is absolutely not in your best interest to damage their precious building using your bike as a weapon... and they can be quite sure that you're more careful in bringing your bike up stairs than just about anybody else in the building is with anything they own.

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Re: Body Corporate forcing me to keep the bike in a open gar

Postby Ranga Tang » Tue Mar 05, 2013 3:57 pm

Ask for proof from the head of body corporate that it was your bike that caused the scratches.

If they can't provide proof then tell them to shut up.

I believe a rule like that would be unenforceable.
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Re: Body Corporate forcing me to keep the bike in a open gar

Postby Mulger bill » Tue Mar 05, 2013 8:02 pm

And you're the only bloke that is being targeted?

I smell an agenda in the air...
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Re: Body Corporate forcing me to keep the bike in a open gar

Postby sogood » Tue Mar 05, 2013 8:46 pm

Ranga Tang wrote:I believe a rule like that would be unenforceable.

Yes and no.

The OC is fully entitled to implement rules. If it's important enough, they need to turn it into a By-law, a finite expenditure, to enforce it. For the owner/resident, it'll be a bit of a pain (for everybody) to go through the CTTT to contest it. Even if you managed to win, your neighbours would hate you forever. Just not worth it.

My suggestion is to discuss more and try to negotiate a workable solution for all. If unsuccessful, then just move. Find a more bike friendly strata block and be happy.
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Re: Body Corporate forcing me to keep the bike in a open gar

Postby Stoo » Sun Mar 10, 2013 4:18 pm

innocent until proven guilty.

Ask them to verify that you were responsible for those scratches.
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Re: Body Corporate forcing me to keep the bike in a open gar

Postby sogood » Sun Mar 10, 2013 6:46 pm

Stoo wrote:innocent until proven guilty.

Ask them to verify that you were responsible for those scratches.

That doesn't solve the problem.
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Re: Body Corporate forcing me to keep the bike in a open gar

Postby RonK » Sun Mar 10, 2013 7:06 pm

sogood wrote:
Ranga Tang wrote:I believe a rule like that would be unenforceable.

Yes and no.

The OC is fully entitled to implement rules.

Quite so - as an owner occupier, any damage to the common areas comes out of my pocket.

The BC is entitled to make rules and recover costs where responsibility can be determined.

However such a rule would have to be applied equitably to all residents, and not just single out an individual tenant.

The likely outcome in this case is that all bikes will be banished to the garage.
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Re: Body Corporate forcing me to keep the bike in a open gar

Postby bumblebea » Sun May 12, 2013 8:29 pm

this might be helpful if you own the unit and the matter isn't resolved yet (I notice it was a couple of months ago you posted)

http://www.justice.qld.gov.au/justice-s ... resolution

and if you rent, TAAS at:

http://www.communities.qld.gov.au/housi ... y-services

but get in quick because the lovely Newman Govt has pulled their funding...

good luck!
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Re: Body Corporate forcing me to keep the bike in a open gar

Postby winstonw » Sun May 12, 2013 8:59 pm

yeah the BC have a right to stop you and others from damaging property.....Bicycles up stairs and in elevators can be a real nuisance. Some bring their mud and rain effected bikes into buildings, leaving a trail of rubbish over common flooring. Leaving floor surfaces and stairs wet is a serious safety risk.

Nevertheless, if the BC want to ban bikes in the building, a counterargument I've heard before is to query if wheel chairs are also banned, because they are just as capable of damaging and dirtying common areas.

At the end of the day, if you have been clumsy and noisy or have inconvenienced anyone in transporting your bike to your unit, you will attract attention. I suggest you negotiate diplomatically, and persuade others you understand their rights and concerns, and you'll be more careful in the future.
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Re: Body Corporate forcing me to keep the bike in a open gar

Postby Gordonhooker » Thu May 16, 2013 2:05 pm

I am a property owner and a member of the body corporate in my complex I would expect the members of our body corporate to ensure any damage done to common property was paid for by the person/s doing the damage, and I don't think I would appreciate someone taking an item like a bicycle up and down the steps and down hallways and doing damage to the common property. If there is garage with the ability to lock the bike I don't see a problem with the updated by-laws. On the flip side of that demand a copy of the by-laws from your agent and don't comply until they are in place, but be prepared to pay for any damage they can prove you caused by taking your bike up and down the steps and down the hallways.
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