The Old Chestnut – How To Deal With Illegal Parking On Common Property

02 January 18

Illegal parking on common property has to be one of the biggest issues faced by Building Managers.
 

In short, residents or their visitors are not entitled to park in other lot owners’ spaces, on common property or in spaces allocated to emergency vehicles. Visitors can only park in allocated visitors’ spaces for a reasonable time, or as indicated in any signage. If an individual’s lot does not come with a car parking space, then that resident cannot park in the strata scheme.


A resident may negotiate with the Owners Corporation to obtain exclusive use of part of the common property to park a vehicle.

An Owners Corporation may wish to control parking on the common property through the use of signage, security guards or parking barriers, such as bollards or key card systems.


Council Enforcement of Parking
 

In NSW, Council rangers may inspect strata schemes in their area to ensure the number of emergency and visitor parking spaces allocated in the development consent is complied with. They may fine the Owners Corporation if these requirements are not met.


An Owners Corporation may also enter into a commercial agreement with the local Council for Council rangers to oversee parking on the strata scheme. Under the agreement, rangers would be empowered to issue parking infringement notices like for parking offences on public streets. If someone was issued a notice, and disagreed with it, they could make representations to the Council or have the matter dealt with by the Local Court.


To arrange for Council parking management services in the strata scheme, the local Council must first agree to enter into an agreement. Next, the Owners Corporation must pass a by-law to enter into the agreement and pay for the service. The agreement should set out all the terms clearly, and the Council may retain all, or the majority of, fines issued. The Owners Corporation would need to provide access for the Council to install the required parking signage, and address any maintenance and Work Health and Safety issues.


Vehicles obstructing Common Property

 

An Owners Corporation can move a vehicle that blocks an exit or entrance or otherwise obstructs the use of common property. An Owners Corporation can only move the vehicle after it has placed a notice on the vehicle (which is at least A4 in size and weather-proof and contains the same content as the notice required for removing abandoned goods).


The Owners Corporation can move the vehicle to another area of the common property or to the nearest place that it may be lawfully moved. The Owners Corporation should take due care not to damage the vehicle. The Owners Corporation can apply to the Tribunal to recover the costs that would typically be involved in moving the vehicle.

 

Liability limited by a scheme approved under Professional Standards Legislation
Disclaimer – This article is provided for information purposes only and should not be regarded as legal advice.

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