How to resolve parking issues in strata title
Anyone who has ever sat fuming in a traffic jam or circled a shopping centre car park waiting for a parking opportunity would appreciate the frustrations that car parking can bring.
Needless to say, the issue of parking and vehicles more generally on a community titles scheme is one that we regularly encounter at the Commissioner’s Office, either as an enquiry or as the basis for a dispute resolution application. The issue of visitor parking or common property parking is one that may be regulated by the body corporate.
In the first instance, when wanting to determine how parking areas are defined, the body corporate should refer to the registered plan for the scheme.
Similarly, the body corporate should also consider making enquiries to the local government authority regarding any regulation that may apply (for example, whether there is a minimum number of spaces required for the number of lots in the scheme).
In general, common property parking areas can be used by owners or occupiers subject to compliance with any by-laws. The legislative by-laws contained in Schedule 4 of the Body Corporate and Community Management Act 1997 provide:
2 Vehicles
(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 approval of the body corporate, 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 vehicle, or allow a vehicle to stand, on the common property, other than in a regulated parking area.
(2) An approval under subsection (1)(b) must state the period for which it is given.
(3) The body corporate may cancel the approval by giving seven days written notice to the occupier.
(4) In this section—
“regulated parking area” means an area of scheme land designated as being available for use, by invitees of occupiers of lots included in the scheme, for parking vehicles.
Visitor parking spaces are usually a requirement of the local government for the registration of a community titles scheme and remain a continuing requirement of the scheme. In other words, even if the body corporate resolved to allocate these spaces for resident parking, or some other purpose, it is not able to do so.
Signage can play an important role in ensuring everyone is aware of the location of visitors’ parking and even the allocated spaces for each lot. An on-site manager, when letting out lots either for the short or long term, should make the tenant well aware of which parks they can and cannot use. In particular, the on-site manager should consider letting their tenants know that they are restricted to one or two parks depending on the scheme and all other vehicles must use street parking.
This will assist in ensuring compliance with parking by-laws and limit some of the on-going disputes we hear about this issue.
If owners or occupiers are using designated visitor parking areas and the committee is not willing to act regarding this matter, then it is best to take the formal route and issue a BCCM Form 1 notice to the body corporate. This can be done by the on-site manager, an owner or another occupier.
The on-site manager does not have the ability to issue contravention notices without a decision of the committee but may assist in limiting the need to the formal route by keeping their tenants well-informed.
It’s worth remembering that the body corporate must act reasonably in anything it does, which includes responding to issues (or perceived issues) about parking. Moreover, as is the case in virtually all body corporate-related disputes, communication clearly (and early) is the key – if everyone knows up front where they can and cannot park, disputes might be avoided.
There have been many adjudicators’ orders issued regarding parking, which can be found at http://www.austlii.edu.au/au/cases/qld/QBCCMCmr/.
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