Neighbour Parking in The Driveway in Front of My Living Room Door

Lglowbird on 16/02/2021 - 13:06
Last edited 16/02/2021 - 16:01

Hi everyone,

Actually this for my friend who is having trouble with her neighbour and it is very distressing for her.

She bought a new house-in group of 4 independent units that share a common driveway and with individual parking spots for each house.
One of the neighbours (a tenant actually)- who has recently moved into the house next door parks their car in front of the living room of my friend, inspite of having a parking spot in their unit.
My friend finds it very disturbing that the car is obstructing the peaceful view that she normally gets when she is sitting in her living room and intruding on her privacy everytime they are in the car to start or park the car.
My friend tried to talk politely to the neighbour but it did not work. The neighbour mentioned that the agent has given them the permission ot park the car so they will continue parking there.
My friend also tried to contact the real estate agent for the neighbour house - but he was not willing to listen or help with her problem

My friend is very stressed as to what to do? Can anyone suggest what is the best way to get the neighbour's car out of her front door?

Thanks for your time and looking forward to some useful answers!

Here is the layout of the 4 independent houses. My friend's house is 3rd triangle from the road and the annoying neighbour is the last triangle -(furthermost from the road)- https://imgur.com/544jcY5

Cheers

Home & Garden

Comments

  • Quantumcat on 16/02/2021 - 13:11
    +29

    Is it a visitors spot? If the car does not belong to a visitor they are not allowed to park there. Tell her to talk to the strata of the units.

    Or better yet, she can park her car there or buy a trailer and park it there. The trailer will cost extra rego each year but won't impact the view and won't have to be moved each day risking the neighbour getting the spot.

    • mapax on 16/02/2021 - 13:17
      +21

      Light trailers don’t need to be registered in Victoria.

      • Quantumcat on 16/02/2021 - 13:17
        +7

        Even better!

        • glowbird on 16/02/2021 - 14:09
          +4

          To clarify: The space outside her front door is the driveway for the neighbours house- so technically she can't park anything there!

          • Quantumcat on 16/02/2021 - 14:11
            +12

            @glowbird: I don't think she can do anything then. If it is their driveway surely they can park there if they want. She'll have to put up with it or leave. If it was a visitors carpark spot that would be different, but sounds like this spot belongs to the neighbours?

            • glowbird on 16/02/2021 - 14:18

              @Quantumcat: It is a bit complicated I suppose- it is a driveway for everyone! So it is a driveway for all 4 houses- if that makes sense!
              And the driveway is just one car wide !.
              The neighbour is parking in the driveway as theirs is the last house and all other 3 houses do not need to use that part of the driveway!

              • mapax on 16/02/2021 - 14:25

                @glowbird: Never mind. Apparently I can’t read today.

                • glowbird on 16/02/2021 - 14:29

                  @mapax: yes exactly!

                  • mapax on 16/02/2021 - 14:32
                    +1

                    @glowbird: Ha. I think you edited whilst I was commenting and then I edited whilst you were commenting. Or we just confirmed I can’t read today!

                    • glowbird on 16/02/2021 - 15:58

                      @mapax: I said exactly for your comment - that you edited probably. my friends house is number 3 and the neighbour is number 4

                      • Scrooge McDuck on 17/02/2021 - 04:10
                        +2

                        @glowbird: Does the neighbour have another vehicle parked in their designated space? Otherwise, what is their purpose for parking where it offends your friend?

              • Quantumcat on 16/02/2021 - 14:33
                +28

                @glowbird: I think she needs to discuss with the strata, surely common property is a non parking zone. Makes it tricky that she can't park there as it would impede access of the neighbour to their driveway 🤔 I have a feeling that the only hope is the strata enforcing the common driveway a non parking zone. If they won't do that I can't see what she can do in this situation. Except either move, or buy the neighbours house when it becomes available so she can choose the tenants and therefore her neighbour.

              • roguescholar on 16/02/2021 - 15:00
                +5

                @glowbird:

                The neighbour is parking in the driveway as theirs is the last house and all other 3 houses do not need to use that part of the driveway!

                Yeah, I'm gonna need a MS Paint diagram…

                • glowbird on 16/02/2021 - 15:59
                  +1

                  @roguescholar: please see the link below
                  https://imgur.com/544jcY5

                  • abb on 17/02/2021 - 13:54
                    +10

                    @glowbird: Your friend should tell strata that they need that space to reverse out of their designated parking spot in order to turn around.

                • MS Paint on 16/02/2021 - 18:37
                  -1

                  @roguescholar: No even going to bother. Welcome to strata living op. You choose high density living you choose to put up with the shit that comes with it. What's the difference between looking at a car or a fence? Pfffffffftt

                  • tabitha731 on 17/02/2021 - 07:23
                    +1

                    @MS Paint: Not everyone wants to live in a house in the outer suburbs of civilization. Yes there is a lot of high density bless these days. But that the price we pay for wanting to live close to everything

                  • suzley on 17/02/2021 - 08:43
                    +3

                    @MS Paint: Fences are permanent structures and don't come and go. Fences are private.

                    • MS Paint on 17/02/2021 - 09:31

                      @suzley: If it's a nice car I would prefer the car.

                  • wozz on 17/02/2021 - 19:42
                    +1

                    @MS Paint: @ms paint that's a stupid idea.. saying that because of where they live they shouldn't have rights? If you think there is no difference then Good for you, but in my view id much rather have an open driveway rather than a car right against the house. It would most definitely feel different if it was an ongoing issue.
                    @op i agree with others that suggested trying strata. All the other 'payback' options i can think of would likely escalate and I'm guessing your friend wants to avoid that

                  • Drewbo on 18/02/2021 - 10:49

                    @MS Paint: It's not a peaceful view, apparently.

                  • T1OOO on 18/02/2021 - 20:50

                    @MS Paint: The neighbour chimes in!

                    Welcome!!

              • Mr Snrub on 19/02/2021 - 12:31

                @glowbird: I don't think strata will be of much help as it would be consisting of the other owners of which one probably will be unhelpful and the others may simply not care as it's further down the driveway and not their immediate concern. I used to own a house in a similar layout but closet to the road, there were 8 houses there and pretty much anything after our house was just Lord of the flies with cars parking in their own garage plus on the common driveway and these were all owners too.
                But I would argue to have the by-law changed for access reasons, ie. Emergency etc.

          • drfuzzy on 18/02/2021 - 11:09
            -3

            @glowbird: Are you suggesting a person can't park in their own driveway?

            • gimme on 18/02/2021 - 11:14

              @drfuzzy: Except it's not their own driveway (Shared)

      • Seraphin7 on 16/02/2021 - 15:27
        +1

        Trailers don't need to be registered anywhere if they're never on public roads!

        • DoctorCalculon on 16/02/2021 - 19:16
          +1

          Except the OP / their friend cannot park the trailer on the common property / driveway (unless due to an emergency).

          Common properties are just that - they are for everyone's use. It is one of those pretty clear cut rules within the Owners Corporations Act in VIC.

      • ATangk on 18/02/2021 - 14:12
        +1

        Wait, so what happens if you take a victorian trailer to NSW? Would you get fined for not having it registered?

    • SupeNintendoChalmers on 18/02/2021 - 11:51

      A couple of bricks is much cheaper

  • mbck on 16/02/2021 - 13:14
    +12

    Since its facing your living room, is that your designated car park spot? If not and it's strata property, then the only way is to convince the owners corporation and change by-law to not park there.

    Can also look at car park bollards. Or temporarily put a used sofa there…then you can claim to use that area for relaxing outside.

  • emblurr on 16/02/2021 - 13:24
    +13

    Is it common property?
    Does the owners corp follow the model rules?

    If yes to both and it appears you are in Victoria. Then is not legal.

    4.2 Vehicles and parking on common property
    An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle—
    (a) to be parked or left in parking spaces situated on common property and allocated for other lots; or
    (b) on the common property so as to obstruct a driveway, pathway, entrance or exit to a lot; or
    (c) in any place other than a parking area situated on common property specified for that purpose by the owners corporation.

    https://www.consumer.vic.gov.au/housing/owners-corporations/…

    • bbinc on 17/02/2021 - 09:57
      +1

      The sad thing about these Owner Corp rules is that enforcement is nigh impossible. The Owners Corp can issue notices, but not penalties.

      • diddy50 on 17/02/2021 - 13:42
        +4

        can you tow a vehicle that is illegally park on your property?

      • [Deactivated] on 17/02/2021 - 19:34
        +3

        If they fail to rectify the notices though, it can be brought up at VCAT/QCAT/etc who CAN impose a penalty afaik.

  • p1 ama on 16/02/2021 - 13:31
    +38

    Firstly, this is about you, not your friend right? Otherwise your title wouldn't say "my", but that's neither here nor there. I'll respect your wishes for it to be about your friend.

    1) Is it your friend's land? If yes, tow their car. If no, proceed to (2).

    2) Is it the neighbour's land? If yes, too bad. If no, proceed to (3).

    3) Is it common (strata) land? If yes, take it up with the owner's corp or building manager. If the owner's corp is just the four of you, then it depends on how much you want to go to war with your neighbours.

    FWIW, my own personal opinion is that when you choose high density living, you have to accept you can only control what happens on your land, and generally, not common land. I've seen so, so many complaints, many reasonable, many unreasonable, but all genuine grief from people who are just not cut out for high density living.

    My take on it is that common land is shared, which really means that it's just first in, best dressed unless there are certain strata bylaws which address those matters. Why does your friend's right to a peaceful view trump the other guy's right to park his car there and vice versa if it's common land? It sounds like your friend just needs to pack up shop and move somewhere where she can have her own 1,000 m2 block of land, build a fence around it and have as much peace as she wants. If your friend is the sort of person to not just be annoyed, but be distressed by small conflicts like this, then she's definitely not cut out for this.

    (This isn't a bad thing - I'm like this too, I personally hate conflict with other people and generally don't like negotiating crowded and complex places where everyone seems to have different interests, both physically and figuratively. So therefore, I choose to not live in high density blocks).

    I'm not trying to play devil's advocate, just pointing out the fact that this is likely to be the first in a long list of petty things that your friend and her neighbour are going to go to war about and to either be prepared to go to war, be prepared to let it go, or be prepared to move somewhere else more suitable.

    • glowbird on 16/02/2021 - 14:12
      +5

      This is actually about my friend which I have mentioned in the very first line
      I used this title, so that people can get in the shoes of my friend's problem !

    • gimme on 17/02/2021 - 18:27
      +9

      lol..why do people think that commenting on someone's post not being for a friend makes them smart or a great investigative brain? It's just pointless. Why would the OP (who is anonymous anyway) lie about it? It's not like anybody knows them here? This isn't even a case of having done something wrong and asking for advice.
      OP even got negged for reiterating that it's for a friend. If it's because the title doesn't match the first line, who cares. Title's just a hook anyway. There's some really dumb/sad people on the internet/life.

      • ankor on 18/02/2021 - 01:04
        +2

        Ah yes, the use of the cut out friend has now spared glowbird the embarrassment of being recognised as a person suffering from an obstructed living room view..

  • SF3 on 16/02/2021 - 13:32
    +14

    Please provide diagram / pictures of the alleged parking areas, so OzDisputes can assess your friend’s request.

    • glowbird on 16/02/2021 - 13:54

      yes will get that from her and post it here!- thanks

  • AndyC1 on 16/02/2021 - 13:47
    +1

    Send a letter to the owners corporation and see how you go (assumes one exists). Another option is to ring up the government department that looks after strata issues in your state and ask them what can be done about it.

  • fullmetal on 16/02/2021 - 13:49
    +10

    MS paint pic

    • glowbird on 16/02/2021 - 15:45

      how do I upload a paint pic?

  • glowbird on 16/02/2021 - 13:51
    +3

    thanks everyone- found this discussion useful
    a few points
    1.It is not a visitor's spot. - it is just a driveway. the parking spot for the neighbour house is just behind where they actually park it. they just need to go further inside where they have a parking spot.@Quantumcat - good suggetsion that she can park her own car there.
    2. Regarding owner corporation- She needs at least 2 owners agreeing to sign that the agreement. As of now she is the only owner staying in that block, the other 3 residents in each of the units are tenants. Probably that wil be along term solution. thanks @mbck and @emblurr
    3. It is probably a petty thing to go for a war and hence my friend tried to talk and resolve it. However, the lack of willingness to cooperate after listening to her concerns is stubbornness, I think. Why would you park in front of someone living room- if you have a car parking spot allotted to you and above that if you know it is intruding on someone's privacy? @p1 alma - I understand where you are coming from- but I think my friend should get an appropriate response to her concerns and the neighbour should be willing to cooperate.

    • morse on 16/02/2021 - 14:47
      +1

      Depending on the location the neighbour might be renting out their own spot and then using the driveway for their own car. Or they might have two cars.

      • JIMB0 on 16/02/2021 - 20:55
        +10

        They probably use the garage as an extra room. Lots of people do and clog up the streets with cars.

    • p1 ama on 16/02/2021 - 14:54

      Why would you park in front of someone living room- if you have a car parking spot allotted to you and above that if you know it is intruding on someone's privacy

      It's not intruding on anyone's privacy. They probably spend a grand total of 2 mins every day getting in and out of their car. Just because you don't like it doesn't mean that it's an intrusion of privacy. They're not snooping on your mate.

      @p1 alma - I understand where you are coming from- but I think my friend should get an appropriate response to her concerns and the neighbour should be willing to cooperate.

      Clearly they aren't, so it looks like your mate will need to find an alternative way of resolving the situation, e.g. being petty back by blocking the space, deflating their tyres or whatever, or take it to court.

      There are no new ideas, really.

    • HarlieQuinn on 17/02/2021 - 18:22

      It looks like its just more convenient for them to park there instead of backing in and turning into their own spot. That or has second car as mentioned.

      I don't think you can make them move. Parking on common property and driveways is kind of accepted generally as long as it doesn't obstruct anyone else getting in and out. Best bet is to either befriend them and be open about your personal dislike, or alternatively make it so annoying for them to live there that they end the tenancy at the end of the term. But the next tenant might do the same because honestly convenience is everything and most people wouldn't see parking in a dead-end driveway as a problem.

  • pegaxs on 16/02/2021 - 13:53
    +3

    *Ahem*

  • whooah1979 on 16/02/2021 - 13:53
    +1

    My friend also tried to contact the real estate agent for the neighbour house - but he was not willing to listen or help with her problem

    Op, you could write back to the REA and give them an opportunity to the right thing. Advise them that they have until the end of this week to get the matter resolved. Tell them that you’re more than happy to hit Twitter, Facebook, Ozbargain and all the other social media sites with name and shame posts.

    • glowbird on 16/02/2021 - 14:14

      Sounds good- will do suggest her this one!

    • suzley on 17/02/2021 - 08:46
      +4

      Don't forget ACA.

    • bbinc on 17/02/2021 - 10:06
      +3

      The Owners Corp can write to the agent re a formal infringement of the model rules.
      Does your friend know the other owner? Chat to them about the issue. Their agent has to listen to them. I did that over speeding in the driveway and things improved with no backlash.

  • Topdog on 16/02/2021 - 14:04
    -5

    It's probably a shared space. Nothing can be done. If so.

  • MeesusEff on 16/02/2021 - 14:09
    +3

    Since she's home, get her to park her car there as soon as the car leaves lol

  • jv on 16/02/2021 - 14:23
    +9

    Let down their tyres at night…

    • mapax on 16/02/2021 - 14:24
      +3

      Then they’ll never move their car…

      • jv on 16/02/2021 - 14:26
        +9

        They'll only notice after they drive down the street…

        • [Deactivated] on 18/02/2021 - 22:07

          and this is why i have anti-theft valve caps on all my cars for this exact reason, so you can key my car instead so i can pursue you from malicious damage charges.

  • ausdday on 16/02/2021 - 14:42
    +20

    I would just park my car in front of the living room then, and block their way. Let them come and reason with me, and see who can be the unreasonable ones …. but that's just me though …

    • BartholemewH on 18/02/2021 - 23:08

      Exactly. If they can park there, she can park there, it's shared space.

    • darkmoss on 19/02/2021 - 18:40

      but then the neighbour can't get to their carpark at the end of the driveway?

  • morse on 16/02/2021 - 14:44
    +3

    If it’s a shared driveway it might need to be clear to be used as a turning space. It will be difficult to enforce.

    Maybe she should check with the real estate agent the neighbour is renting through. The neighbour might be lying or just have said it as an off the cuff comment. They may have also rented it as if it included parking, in which case the real estate agent is unlikely to help your friend.

    • glowbird on 16/02/2021 - 22:30

      She did check with the agent - but he was not willing to talk to his tenant (neighbor)

      • SF3 on 16/02/2021 - 22:35
        +1

        yeah - they are getting rent from the tenant, so the REA and landlord typically would not enforce anything unless it affected them directly… not it is right, but it's typically what happens.

      • ankor on 18/02/2021 - 01:08

        They dont want to piss off their paying customer. You need to find a way that inconveniences them, or causes financial pain.

  • jjjaar on 16/02/2021 - 15:00
    +14

    The reason there is excess space is purely so any other vehicle in the driveway can use that space to reverse into and then exit the driveway itself in a forward direction - for the safety of other users on the road and footpath.

    Contact the body Corp and let them know what they are doing is preventing your friend from exiting the property in a forward direction and you don’t feel safe reversing.

    If the property is new, it may even be a condition of the permit that vehicles do not park there for that. So another option is to contact council

    • glowbird on 16/02/2021 - 15:49

      thanks

    • DoctorCalculon on 16/02/2021 - 19:23
      +3

      So another option is to contact council

      Council will do bugger all - nil - nothing - zilch!
      They will tell you to contact the body corporate. That would be their response and correctly so as it is private property.

      • jjjaar on 16/02/2021 - 19:30
        +2

        If when the property was being developed, a condition on the planning permit was out on that said “the common property may not be used for car parking”, then yes council most certainly can and will do something about it. It is planning enforcement.

        However, if there is no such condition, then you are correct, they will 100% do nothing.

        • glowbird on 16/02/2021 - 22:28

          thanks - will get her to check the planning permit!

  • herecomestheoost on 16/02/2021 - 15:38
    +2

    Would you be able to draw up a diagram on Microsoft Paint for us, please?

  • glowbird on 16/02/2021 - 15:55
    +1

    Here is the link to the layout of the 4 independent units shown in triangles with the parking lots and driveway

    https://imgur.com/544jcY5

    • John Kimble on 16/02/2021 - 16:01
      +1

      Which spot is it? The top one?

      Edit NVM, saw the updated post.

      Here is the layout of the 4 independent houses. My friend's house is 3rd triangle from the road and the annoying neighbour is the last triangle -(furthermost from the road)-

      • glowbird on 16/02/2021 - 16:04

        yes the last spot (further most from the road) is the parking spot of the neighbour but they wish to keep in front of their parking spot instead of inside it. which is very close to the entrance for my friend house ( 3rd triangle form the road end)

        Sorry should have been more clear in the picture!

        Thanks!

        • John Kimble on 16/02/2021 - 16:06
          +2

          Well if that's not technically a parking spot (I assuming the top most part of the rectangle/driveway), then they probably shouldn't be allowed to park there.

          • glowbird on 16/02/2021 - 16:23

            @John Kimble: yes the top part of the rectangle/driveway is not a parking spot. A parking spot is further inside for house number 4!

        • DoctorCalculon on 16/02/2021 - 20:23
          +9

          Your neighbour is in clear breach of one of the model rules of Owners Corporation in relation to the use of common property / shared driveways. It doesn't matter if their lot is adjacent to the end of the driveway.

          I am assuming this is a self-managed OC, i.e. no paid body corporate manager is in place.

          In this case, you can send the offending party a breach notice with 28 days to comply to the model rules. Attach a copy of the model rules for their reference. Make sure you keep a record of this.

          After 28 days, if there is no change in behaviour drop them a final notice for compliance with legal action pending.

          Wait another 28 days, and then file a proceeding in VCAT for breach of OC rules. You will need to pay a filing fee of ~ $60.

          You will also need to serve a sealed copy of your VCAT application to them in person.

          • glowbird on 16/02/2021 - 22:27

            @DoctorCalculon: Thanks- your response is very useful!
            Yes - no paid body corp is in place for the property.

            To send the breach notice- do we need help from OC. For OC at least 2 owners should sign up- which is currently not possible, as all other owners are not willing to and do not care (I assume- as they are not staying on the property)
            Who can help with sending the breach notice?

            • DoctorCalculon on 16/02/2021 - 23:54
              +26

              @glowbird:

              For OC at least 2 owners should sign up- which is currently not possible

              I think you misunderstand how Owners Corporation works, and I would strongly recommend reading up on it.

              In Victoria (and most likely in other states), any subdivided lot with common / shared property is subject to the Owners Corporation Act. By law, all lot owners of said subdivision are members of the Owners Corporation (formerly known as Body Corporate) attached to the subdivision. They don't have a say in the matter. When you buy a lot within a subdivision with common property you become a member of the Owners Corporation attached to said subdivision, by law. If there is a body corporate, then you will be required to pay their fees on top of council fees.

              Any lot owner can bring a proceeding within VCAT under the Owners Corporation Act against an individual lot owner, the OC or a body corporate manager, etc.

              You do not need permission of the other lot owners to file your VCAT application.

              Who can help with sending the breach notice?

              No one, other than yourself. This is not difficult legal work if you do your research. I have done half of it for you, already. 😝

              You will need to send it to the property manager / real estate agent acting on behalf of the lot owner. This will also teach the douche bag a big lesson about wrongly telling you that the tenant has permission to park their vehicle on common property, which they absolutely do not unless there is an emergency.

              MODEL RULE 4.2 Vehicles and parking on common property
              http://classic.austlii.edu.au/au/legis/vic/num_reg/ocr2018n1…

              The lot owner is effectively responsible for the tenant's behaviour on the common property. So, they will be the Respondent of your VCAT application.
              BTW, if you are serious about solving this problem after trying everything else, then this is your best course of action.

              If you are going to go down this path, then start taking photos of the tenant vehicle parked on common property. You will need to tender them as evidence as part of your application.

              Additional reference for you: http://classic.austlii.edu.au//au/legis/vic/consol_act/oca20…

    • herecomestheoost on 16/02/2021 - 16:01

      Much appreciated

    • iNeed2Pee on 16/02/2021 - 22:21

      13/09/2017

  • Mokr on 16/02/2021 - 16:48
    +2

    My friend finds it very disturbing that the car is obstructing the peaceful view that she normally gets when she is sitting in her living room and intruding on her privacy everytime they are in the car to start or park the car.

    Yes its an issue, but seems like not a big one. No privacy from windows. And its only two times a day.

    • modiika on 19/02/2021 - 11:56

      Is it only two times a day? Your assuming they only drive out to work and then back home at night. But think about all the errands people run, and social visits they make to places. Particularly on weekends I could see it being real annoying. I mean think about it every time you walking out into your living room presumably facing north bathing in the northerly sun, some bozo walks up to his car and making eye contact with you. THen you hear his car engine start up. At night time the headlights shine into your place. I think it's very easy to imagine this scenario being incredibly frustrating for OP's friend.

      4 units spaced out is hardly high density living. The lots are clearly designed so people will largely have privacy apart from sharing a common driveway. While, I could understand the tenant/REA thinking it is no big deal to park not in their parking spot, its incredibly rude to continue to do so when explained it is disturbing others and appears to be a breach of the model owners corporation rules.

      Honestly, its so tiring all the ozbargainers on here like, it's NOT A HOUSE so you shouldnt have any rights.

  • whooah1979 on 16/02/2021 - 16:51
    +22

    Houses with three corners are new. It's easy to see why they are confused.

  • MS Paint on 16/02/2021 - 18:44
    +2

    Just let down their tyres everytime they park there. They will soon get the hint

    • Hangryuman on 17/02/2021 - 15:18
      +5

      not recommended as bad actors are then likely to do damage to your property in return

      (I am squeaking from experience)

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