Body Corporate forcing me to keep the bike in a open garage.
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Body Corporate forcing me to keep the bike in a open garage.
Postby ABK » Tue Mar 05, 2013 12:58 am
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Re: Body Corporate forcing me to keep the bike in a open gar
Postby thomashouseman » Tue Mar 05, 2013 8:07 am
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 9:00 am
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 9:41 am
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
Edit to fix auto correct errors
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Re: Body Corporate forcing me to keep the bike in a open gar
Postby simonn » Tue Mar 05, 2013 10:21 am
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Re: Body Corporate forcing me to keep the bike in a open gar
Postby rkelsen » Tue Mar 05, 2013 11:12 am
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 11:38 am
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 2:35 pm
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 2:55 pm
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Re: Body Corporate forcing me to keep the bike in a open gar
Postby sogood » Tue Mar 05, 2013 3:15 pm
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.brett.hooker wrote:Attend the body corporate meeting, along with other renters and put your case.
RK wrote:And that is Wikipedia - I can write my own definition.
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Re: Body Corporate forcing me to keep the bike in a open gar
Postby barefoot » Tue Mar 05, 2013 4:48 pm
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 4:57 pm
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 9:02 pm
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 9:46 pm
Yes and no.Ranga Tang wrote:I believe a rule like that would be unenforceable.
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.
RK wrote:And that is Wikipedia - I can write my own definition.
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Re: Body Corporate forcing me to keep the bike in a open gar
Postby Stoo » Sun Mar 10, 2013 5:18 pm
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 7:46 pm
That doesn't solve the problem.Stoo wrote:innocent until proven guilty.
Ask them to verify that you were responsible for those scratches.
RK wrote:And that is Wikipedia - I can write my own definition.
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Re: Body Corporate forcing me to keep the bike in a open gar
Postby RonK » Sun Mar 10, 2013 8:06 pm
Quite so - as an owner occupier, any damage to the common areas comes out of my pocket.sogood wrote:Yes and no.Ranga Tang wrote:I believe a rule like that would be unenforceable.
The OC is fully entitled to implement rules.
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
http://www.justice.qld.gov.au/justice-s ... resolution" onclick="window.open(this.href);return false;
and if you rent, TAAS at:
http://www.communities.qld.gov.au/housi ... y-services" onclick="window.open(this.href);return false;
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
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
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