This article is about parking non-motorised vehicles in a parking lot.
As the world we live in drastically changes, people are looking for more economical and sustainable ways of living.
Many families (and others) are downsizing and moving into strata apartment living which often means they need to also review their current transport options.
The parking incident that raised many questions!
In a recent incident, a lot owner was sent a notice from their owners corporation to remove a kayak from their parking lot. The kayak was stored neatly in front of their motor vehicle within the confines of their parking space.
The owners corporation said the kayak was not a vehicle, so therefore it had to be removed or the owner would incur a fine. The owner argued that the kayak was a vehicle and therefore could be kept in the parking space according to the building’s by-law for parking.
- Firstly, is a kayak classified as a non-motorised vehicle?
- What if the kayak was strapped to roof racks on the motor vehicle (providing the height allowed for this), would the owner have been asked to remove the kayak?
- What if it was a non-motorised bicycle or scooter that was parked on the parking lot?
- What if it was an e-bike or an e-scooter – are they classified as motor vehicles?
- The list goes on: row boats, dinghies, skateboards, rollerblades etc all types of transport.
- Should the by-law have stipulated (among other things) motorised and non-motorised vehicles?
- What is legally deemed as a transport vehicle and what is not?
- As government and local councils push communities to reduce carbon emissions – the question that must be asked is: do we need to now allow for other forms of transport vehicles with lower emissions to be parked on parking lots within strata complexes?
Do you need to review your parking by-law?
The lesson here is to ensure that your parking by-law is current and in-line with today’s ever-changing world.
Most likely your parking by-law is out of date and requires a review.
Adrian Mueller
JS Mueller & Co Lawyers
E: adrianmueller@muellers.com.au
P: 02 9562 1266
This post appears in Strata News #694.
If you have a question about parking non-motorised vehicles in a parking lot or something to add to the article, please leave a comment below.
Disclaimer: The information contained in this article is provided for your personal information only. It is not meant to be legal or professional advice nor should it be used as a substitute for such advice. You should seek legal advice for your specific circumstances before relying on any information herein. Contact JS Mueller & Co for any required legal assistance.
JS Mueller & Co Lawyers has been servicing the strata industry across metropolitan and regional NSW for over 40 years. We are a specialist firm of strata lawyers with in depth and unmatched experience in, and comprehensive knowledge of strata law and levy collection.
Read next:
- NSW: Q&A Can Access to Visitor Parking be Restricted?
- NSW Case Study: Is your illegal parking notice just an empty threat?
This article has been republished with permission from the author and first appeared on the JS Mueller & Co Lawyers website.
Visit our Strata Parking OR NSW Strata Legislation
Looking for strata information concerning your state? For state-specific strata information, take a look here.
Are you not sure about some of the strata terms used in this article? Take a look at our NSW Strata Glossary to help with your understanding.
After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.
A request has been made of a Lot Owner with the right to park in two adjacent carspaces, one approved storage cage in one of the car spaces and at present only one motor vehicle parked there.
The request is that bicycles cannot be parked within the airspace of either of the two carspaces and that the bikes should be registered with the building and parked in an approved bicycle rack at another location in the building. These are regular bicycles and not e-bikes so no fire risk is associated with lithium ion batteries.
The strata scheme has the following by-law regarding individual lot carspaces:
Carspace
a) Owners and Occupiers of a carspace must keep the carspace of their Lot clean and free from grease
b) Owners and Occupiers of a carspace must not use their carspace for storage purposes, unless in full compliance with
Special By-law relating to Storage Units [i.e. approved metal storage cabinets which can be installed behind the carspace]
c) Owners and Occupiers may only use their carspace for parking motor vehicles and motorcycles (and no other vehicles such as Boats)
d) Owners and Occupiers must have consent from the Owners Corporation to enclose their carspace
The request received the the Lot Owner is “Bylaw Non-Compliance | Invitation to relocate to the Owners Corporation Bicycle Rack area on B1.”
I guess the questions that come to mind are:
Are e bicycles parked in the airspace of a carspace “storage” where a motorcycle parked in a full carspace is NOT storage?
Is a bicycle a “vehicle” according to the wording of the by-law?
The letter received from the strata manager says “Non compliance with by-law”, “the Strata Committee on behalf of the Owners Corporation, would appreciate your attention to this matter as indicated”, “Please kindly remove the bicycles pictured below from your car park lot in reference to Bylaw in the next seven (7) calendar days.” and “The Strata Committee, on behalf of the Owners Corporation, invite you to apply to store these bicycles in the Owners Corporation Bicycle Rack area on B1.”
Is this letter actually a non-compliance letter for which there is a penalty or is it an “invitation”?
Would the Owners Corporation have the right to remove the bicycles from the lot without the Lot Owner’s permission?
Is this an example of a harsh, unconsionable or oppressive by-law? In NSW a By-law cannot be unjust A by-law must not be harsh, unconscionable or oppressive.”
In an era where we are trying to encourage the use of more sustainable types of transport, such as bicycles, and there is no threat from e-bike batteries exploding, can an Owners Corporation demand that bikes must be stored in a designated bike rack area?
In the NT, OH&S standards apply, but I would have expected that each unit had an allocated parking space in accord with their unit entitlement, so is it not the unit occupant’s choice as regards what is kept in their space? Motorised or otherwise. So long as it does not impact on any other unit’s access and area of course.