Question: A body corporate wants to stop an owner parking a motorcycle and a car together in their exclusive use bay, citing a safety report. Can this be restricted?
Our lot has an exclusive use parking bay allocated in the community management statement (CMS). The exclusive use by-law allows parking of operational, roadworthy motor vehicles. It doesn’t prohibit motorcycles or limit the bay to one vehicle.
I park my roadworthy motorcycle and car together, wholly within the bay. The motorcycle sits between the car and a concrete wall, and there’s no pedestrian walkway or access behind the car.
The body corporate manager has written to me on behalf of the body corporate, citing a workplace health and safety (WHS) report that identifies potential pedestrian access, reversing visibility, trip and collision hazards. The letter recommends reinstating a wheel stop I removed. I’m happy to reinstate it, but it’s unclear whether that resolves their concerns. The letter doesn’t identify a specific by-law breach, Australian Standard clause or WHS legislative provision.
Can the body corporate restrict me from parking both vehicles in my bay?
Answer: If both vehicles stay wholly within the bay, whether the body corporate can restrict this depends on the exclusive use by-law and the risks identified in the WHS report.
Assuming the vehicles remain wholly within the boundary of the exclusive use area, the answer to this depends on the:
- terms of the exclusive use by-law and whether there are any restrictions on use or relevant limitations; and
- risk and issues identified in the WHS report.
As an ancillary issue, the removal of the wheel stop may have needed a separate body corporate approval.
This post appears in the November 2026 edition of The QLD Strata Magazine.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753
