Car Parking in Strata

Sep, 2016

One of the most perpetual problems in Strata Schemes is parking for residents and their guests. This is caused either by parking in another residents place, unauthorised parking on common property or obstructing parking spots of another resident or the even the entry and exit to the complex.

Communication should always be first point of call. Being in a Strata Scheme, as residents, you need to remember that these people are your neighbours and you’re going to see them on a daily basis.

Stop your neighbour in the hallway or on the ride up the elevator and politely ask if they are aware of the issue that has risen.  Normally they are not aware that they have become a nuisance to their neighbours and can be quick to resolve the matter.

Each State and Territory in Australia have something different in their Strata Act regarding vehicles and parking on common property. In Queensland, the By-laws are recorded on the Community Management Statement of the Body Corporate. Unless modified by the Body Corporate, the default By-law regarding parking in the Queensland legislation is –

The Body Corporate and Community Management Act 1997 –

(1) The Occupier of a lot must not:

a) Park a vehicle or allow a vehicle to stand in a regulated parking area; or

b) Without the Body corporate’s approval, park a vehicle or allow a vehicle to stand on any other part of the common property; or

c) Permit an invitee to park a motor vehicle of allow a vehicle to stand on the common property, other than in a regulated parking area.

The Body corporate’s approval must state the period for which the approval is given. The Body corporate may cancel the approval by giving 7 days written notice to the occupier. This By-law would cover cars, trucks, boats, caravans, motorcycles and the like.

Regulated parking area – means an area of scheme land designated as being available for use, by invitees of occupiers of lots in the scheme, for parking vehicles.

These By-laws differ from building to building so it pays to be up to date with the rules for each individual Strata Scheme.

If you find yourself in a situation where an occupier of a lot is parking on common property, it is recommended that you put your concerns in writing to the Body Corporate Manager for the By-law to be enforced accordingly with the legislation requirements.