What are my rights as an owner to come and go from my residence without being blocked? What are my rights to not be abused by someone breaching the By Laws? What are my rights for the Body Corporate Committee to take action? And what are my rights when a member of the Committee attempts to bully via email? – Joel, QLD
I have an ongoing dispute with the Body Corporate Committee. Several times over the last 5 years I have photographed and submitted cars that are illegally parked on the driveway blocking entrance and exit to the property. A lot of the time, these cars are also parked on the yellow lines painted. The by-laws state no parking, yet these cars are parked between 5 minutes and overnight.
The most recent incident, when I asked a visitor to move blocking my path, they abused me and came to my front door, ringing my doorbell and attempting to further argue.
The Body Corporate Committee has ignored this, and passed off the illegal parking as justified as the resident for whom this visitor was attending is elderly. They quickly believed the Visitor who can park up to 90 minutes blocking cars, who claimed she does not do this.
Further, a member of the Committee attempted to bully me into silence when I lodged a complaint with the Commissioner, telling my Father (who was emailed although he does not own the property and I am 40 and fully capable of being spoken with). The Commissioner has rejected my application because at the time of a phone call from them – 4 weeks after lodgement and two months after the event (having waited 4 weeks for no response from the Committee), the Commissioner claimed there was no dispute at that very point in time, so there was no dispute overall.
What are my rights as an Owner? What are my rights to come and go from my residence without being blocked? What are my rights to not be abused by someone breaching the By Laws? What are my rights for the Body Corporate Committee to take action? And what are my rights when a member of the Committee attempts to bully via email?
– Joel, QLD
Hi Joel, with a matter involving another owner or occupier, reasonable steps should be taken to resolve the issue.
- You may wish to communicate with the committee again personally (preferably in writing)
- Present a motion to the committee
- Present a motion to a general meeting.
Approach the committee to write to the offenders.
As you are aware there is a process to follow with disputes, which you have already attempted to follow. Perhaps you may wish to seek your own legal advice on this matter.
Read about this process on the government page in relation to matters of dispute: