FactSheet: Strata Parking

The three most common strata problems and how they can be resolved

Stephen Raff, CEO of Ace Body Corporate Management
Nov 2015: In my experience, there are three common strata issues from owners that rise above all else when living in a strata community: Pets, Strata Parking and Noise!

Let’s Stop The Cars

Bailey Compton, Leverage Australia Solicitors
Jul 2013: The first point that must be taken into account is whatever action you threaten to do, you take it. There is no benefit in any law if somebody doesn’t police and enforce that law. Threats will certainly disappear and be forgotten if action is not taken.

Parking… A Perennial Issue

Peter Brodbeck
Mar 2013: Strata Parking is a perennial issue in schemes due to increasing population and the greater number of vehicles. In inner urban areas these problems are exacerbated because cars which were not commonplace when many suburbs were created now typically have residents with two or more cars to one unit and often there is little, if any parking, within the property.

Articles

• NSW: Removing Illegally Parked Vehicles May 2018 - The Supreme Court has rejected a proposal by an owners corporation to upgrade its common property in a way that
• NSW: The Role of The Chairperson and a Successful Council Parking Agreement [PODCAST] May 2017 - A strata discussion about the role of the chairman, the owners corporation's obligation to maintain the building and parking agreement
• NSW: Can parking offenders be towed from common property? Apr 2017 - The vehicle may be moved to another less obstructive position on the common property or another lawful place off the
• NSW Strata Visitor Parking and NSW Strata Reforms Dec 2016 - The holiday season will see countless families flock to see their relatives, and with 2.1 million NSW residents calling strata

Pets, Parking and Smoking

Adrian Mueller, J. S. Mueller & Co Lawyers
Feb 2016: New strata by-laws allowing pets in units, managing illegal strata parking and curbing smoking on apartment balconies are part of the biggest overhaul of strata laws in more than 50 years.

NSW: Strata Reforms & Managing Parking in Strata Schemes

Allison Benson, Kerin Benson Lawyers
Feb 2016: One of the most talked about changes in the upcoming reforms is the ability of strata and community title schemes to better manage their strata parking by entering into an agreement with the local Council to have Council rangers police their parking. Is this really the best option?

Councils in Greater Sydney Region Urged to “Come to the Party” and End Strata Parking Misery

Andrew Jakes, NSW Area Development Manager, Ace Body Corporate Management
Jan 2016: If you didn’t already know, Sydney has a parking problem, but it’s the shifting of this battle from inner city streets to strata properties that has created new hope for thousands. Drivers who illegally park in visitor bays of strata communities could soon be slapped with $550 fines by the City of Sydney Rangers, if plans to crack down on their “parking misery” take hold.

Who does a wheel clamping by-law apply to?

Allison Benson, Kerin Benson Lawyers
Sep 2015: Can we use a wheel clamping by-law to solve our strata parking problems? Well, the answer is maybe……

Unauthorised Parking – What Can Owners Corporations Do?

David Bannerman and Mark Pollinger, Bannermans Lawyers
Jul 2014: Strata Parking is a vexing question. Owners corporations and their strata managing agents have been struggling with it for years. They are not helped by uncertainties in the law, limited police and council powers, restrictive strata management laws and widespread misconceptions about what is permissible.

FAQs

• NSW: Q&A Apartment With No Car Park – Can We Share Parking? May 2018 - Question: I'm purchasing an apartment with no car park. Only one other apartment in the scheme is without a car
• NSW: Q&A Strata visitor car parking. When does ‘visitor’ become ‘resident’? Apr 2018 - Question: One of our residents has a very regular visitor who is there most week nights and sometimes all weekend.
• NSW: Q&A Towing a car – do we need a towing bylaw? Feb 2018 - Question: Is it enforceable to tow if there is no bylaw? Do we need to implement a towing bylaw before
• Strata Parking Enforcement: Don’t Park There! Nov 2017 - When it comes to strata parking enforcement, of course we need rules. But the application of those rules should be
• NSW: Q&A Can Strata Tow My Car? Threats from a neighbour! Nov 2017 - Question: I have an unregistered vehicle in my designated parking space. My neighbour has threatened to tow the vehicle. Can
• NSW: Q&A Can the Owners Corporation lease out visitor parking spaces? Sep 2017 - Question: Is it possible for the owners corporation to lease out additional visitor parking spaces to a retail lot owner
• NSW: Q&A We’ve been using the wrong allocated car parking space Mar 2017 - Question: We have been using the wrong parking space. What rights do we have to get our allocated car parking
• Q&A NSW Strata Parking Laws Mar 2017 - Question: My elderly mother is being blocked in by the other strata title owner’s visitors. What should our next steps
• NSW: Q&A Disabled Parking in Apartments – Can I Use the parking space? Feb 2017 - Question: I am an owner of an apartment in a large complex and I have a Disable Parking Permit. When
• NSW: Q&A Apartment Parking Space Problems Aug 2016 - Question: My tenants are having apartment parking space problems, and may vacate because of this. How can I resolve the

Q&A Parking on Common Property Without Approval & Access Strata Lots for Maintenance

Leanne Habib, Premium Strata
Apr 2016: Answer: The Act does not permit residents to park on common property approaches without the prior written consent of the Owners Corporation.

Q&As NSW & QLD: Children, Commercial Strata Parking Regulations & Strata Insurance

Andrew Jakes, Ace Body Corporate Management + Jan Browne, Ian McNamee & Partners + Whitbread Insurance Brokers
Mar 2016: Some great strata questions about children on common property, commercial regulations concerning strata parking and a strata insurance question!

Resources

STRATA SCHEMES MANAGEMENT REGULATION 2016 – SCHEDULE 3 – Model by-laws including those concerning parking and vehicles for residential strata schemes

Parking In a strata scheme

NSW Fair Trading
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 a lot entitlement does not include a car parking space, then the residents cannot park in the strata scheme.

Abandoned Goods and Vehicles

NSW Fair Trading
Owners corporations can take steps to remove goods and vehicles that have been abandoned on common property provided they comply with relevant provisions in the Act and its Regulation.

Articles

What does the future hold for by-law enforcement?

Jason Carlson, Thynne + Macartney
Jan 2015: By-Law enforcement: Bodies corporate in Queensland may soon be given the power to tow vehicles, issue on-the-spot fines for by-law breaches and ban pets and smoking from their scheme. Will that be good for community living?

Can a body corporate tow a car?

Frank Higginson, Hynes Legal
Oct 2014: Enforcement of by-laws, including strata parking concerns, is a committee issue. There is no scope under the BCCM Act for anyone to solve an issue on their own terms.

FAQs

• QLD: Q&A The First rule of Visitor Parking in Apartments – umm, it’s for visitors! Mar 2018 - Question: One lot owner abuses our visitor parking in apartments by allowing her friends to park in the space all
• QLD: Q&A Abandoned Cars in the Body Corporate Underground Carpark Aug 2016 - A tenant moves out and leaves his unregistered car in the Body Corporate's underground car park. What can you do
• QLD: Q&A Can A Lot Owner Use the Disabled Parking As An Extra Car Space? Jul 2016 - Strata Parking Allocation: Can an owner with a disability sticker use the disabled car space for an extra permanent parking
• QLD: Q&A Number of Carparks and Ordinary Resolution Jun 2016 - The following two questions are from Queensland strata lot owners concerning different aspects of strata living QLD - number of

• VIC: Q&A What is the visitor parking spaces law – How many spaces are required? Oct 2017 - Question: What is the visitor parking spaces law in Victoria? How many visitor car spaces are required for a 20

Model rules for owners corporations

Model rules concerning strata parking in a scheme. If your owners corporation does not make a rule covering any item in the model rules, then the model rules apply.

• SA: Q&A Parking problems and issuing strata parking fines Mar 2018 - Question: There are constant complaints of non residents, owners or tenants parking in other peoples car parks - trespassing. We
• SA: Q&A How do I swap strata car spaces with another lot owner? May 2017 - Question: What do I need to do to swap strata car spaces with another owner? I have a disability and
• SA: Q&A Strata Visitor Parking Rules Mar 2017 - Question: Strata visitor parking rules - Is the driveway for resident use only? Or can visitors come and go at

Articles

FAQs

Strata Parking: Can a lot owner allow his/her car space to be used by other people?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles

Resources

STRATA TITLES ACT 1998 – SCHEDULE 1 – Model by-laws

– model by-laws concerning parking of motor vehicles.

Articles

• WA Apartment garage security: keeping strata garages safe from theft Dec 2015 - This article about apartment garage security has been supplied by a WA Building Manager. A car stolen every 10 minutes

FAQs

Strata Parking: Can a lot owner allow his/her car space to be used by other people?

Department of Primary Industries, Parks, Water & Environment: Land, Property and Titles

Guide to Strata Title

This publication contains a FAQ section (page 25) for strata owners and residents containing answers to common questions including:

• I own a lot in a strata scheme established under the 1966 Strata Titles Act. When I bought my unit I thought I owned my garden and car bay, but now I’ve found out that these are common property. How can I own these areas as part of my lot?
• Can I allow my car bay to be used by other people?

Car Park Management & Strata Parking Rules

Question

From Anthony Ulijn, Triumphants:

As company that prides itself on maintaining and caring for our buildings, one of the things that is always a struggle for us is the management of strata parking. What do I mean by this? I will give you an example:

One of the buildings we care for is massive residential complex with a multi-level car park. This car park is split down the middle with one side being allocated the commercial tenants behind the building and the other for the residents of the building. Bays are clearly marked in a way that distinguishes the commercial bays from the residential bays and there is very little overlap of the two car parks if any. Also there is signage up EVERYWHERE that states that this is a private car park and that any unauthorised vehicles will be clamped.

So here is the problem. We have multiple calls daily from owners complaining that someone is parked in their bay. Often it’s other residents or their visitors but occasionally it is also tradesmen/service technicians who are in the building and have chosen the bay because it is conveniently located for the work they are doing. We also have regular calls from owners about vehicles not even parked in bays (mostly motorbikes) who whilst not always obstruct traffic, do pose possible hazards in the event of an evacuation or similar emergency situation. So clamp them I hear you say? Seems simple enough but this is the other part of the problem.

The Strata Manager is currently the ONLY person who can approve clamping. The Strata Manager will not approve clamping unless they receive a direct request from the owner to do so and even if they do, will often avoid clamping because they are “worried about getting calls from angry drivers”. As for the vehicles parked in common area and not in bays, this has been branded as being “too hard” because they will also get calls from the owners of these vehicles. To me it seems pretty simple. They complain about being clamped, you ask them were they parked in a bay they own/rent/had permission to use, they say no, you tell them that’s why they were clamped and that’s the end of the discussion. Simple enough don’t you agree?

So what am I asking? Basically I am looking for some feedback on any areas of the Strata Titles Act or basic bylaws that cover strata parking. I was under the impression that by someone agreeing to living within the Strata, they accepted the bylaws and are required to abide by them. This would mean that any residents parking incorrectly could be clamped without explanation prior and that they would be responsible for the removal and all costs involved. Similarly with any of the trades people/commercial tenants entering the car park, there are signs advising that clamping will occur in the case of any unauthorised parking and as such they too have accepted this the moment they rent/purchase a bay or enter the car park to carry out work. In both cases, the Strata Manager is under no obligation to field complaints or resolve them if the person has done the wrong thing.

I would love to hear what anyone has to say and I would appreciate any information regarding the Strata Titles Act that may apply here.

Answer

From Nigel Wraight, Forte Asset Services:

I’m in the Eastern states, and “clamping” is Frowned upon something severe (in fact I think it is illegal). Here’s a couple of suggestions:

1. visitors register, via email or via a web portal, assign the tradie or visitor a spot if they don’t register, they don’t park.
2. access control system, they must be swiped in, this goes well with the register.
3. they park anyway through tail gating or turning up. There are “wheel” trolleys you can buy, you slide it under the wheel, turn the handle and lift up the each corner of the car, you can then push it, fairly easily, wherever you like. no you don’t have to be a weight lifter to do it.
4. Big big sign, they will be fined, how do you do this? the visitor, whom is illegally parking, is seeing a tenant or owner, usually you know who it is, the owner or tenant gets the fine added to their strata levies. yes it is uncomfortable but this might become a by law of the strata and consequently the owner and tenants use the registration system, just in case they are caught.

Resources

Section 28: Schedule 1 & Schedule 2 By-Laws

Schedules 1 and 2 to the Strata Titles Act contain the standard by-laws which apply to all strata schemes unless the strata company has amended them, including by-laws concerning parking of motor vehicles. You should obtain a copy of the strata plan to ascertain if the standard by-laws apply.