I am a home owner. We have a covenant that says people may not park boats on our street. The council says it can not

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Customer: Hello. I am a home owner. We have a covenant that says people may not park boats on our street. The council says it can not enforce that.
JA: What state are you in? It matters because laws vary by location.
Customer: Thanks. I am in Townsville, in Queensland.
JA: What steps have you taken so far?
Customer: I wrote to the Developer. They said it was up to Council. I wrote to Council, and they say: The following is from councils' Legal Services team.This is a relatively simple issue for the Council. For reasons I will (briefly) explain, the Council has no jurisdiction to intervene.1. The boat is on a trailer. That trailer appears to be appropriately registered, and as such can be lawfully parked in a lawful parking space on a road.2. Based on the photograph, the trailer appears to be lawfully parked in a lawful parking space, so is not in conflict with the State law.3. State law (TORUM S.66(1)) explicitly prevents the council from making a local law that would interfere with the entitlement to park on a road.4. The Council has not "approved" the parking. Rather, it appears to me that the Council officer has simply advised (whomever made the inquiry to which Mr Lahy referred) that the law allows the trailer to be parked in that location.5. The Council is not a party to the Fairfield covenant - that is a private contractual relationship between the landowner and Fairfield and can only be enforced by those parties.6. The Council has no ability to enforce, or any other jurisdiction about, the Fairfield Covenant.7. A covenant can be an agreement to not do acts even though those acts would be permissible under the State law - for example, a covenant could limit parking in the depicted location. I make no comment about whether the Fairfield covenant has that effect in this case.8. Mr Lahy may care to contact his own lawyer to obtain advice about the enforcement of the Fairfield covenant.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That's it...thank you.
Answered by John Melis in 16 hours 2 years ago
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John Melis
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.Do you have a copy of the title
Customer
Hi John. I have a soft copy of the covenant
Thanks.
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John Melis, Expert

Can you take a picture of it and upload to the website so I can see please

Customer
Thanks again, John. Copy attached. My particular point of reference is Page 6, Item 7, "Parking and Access".
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John Melis, Expert

If you prefer to talk on the telephone, I have sent you a special offer of $8.00 to assist you in more detail, as it will make it easier to discuss your matter. I kindly request that you complete the details on the offer, and we can talk straight away as you need. Otherwise, we can keep chatting in this box.

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