This Q&A and article about the use of the Parking Bylaw in NSW have been provided by Adrian Mueller, JS Mueller & Co Lawyers and Yuhao Gu, Omega Legal.
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Question: We agreed years ago to park cars on common property. A new resident has complained and now our strata manager says we cannot do this. Why change when it’s been working well for years?
We are a small, self managed strata block in NSW. Years ago we made an agreement we could all park on common property.
A new resident has moved in and taken us to NCAT. We got appointed a strata company who have now said we can’t park in our allocated spots on common property even though we have all agreed it’s ok.
We are on a really busy street with no parking. What happens now? Do I have to abide by these parking rules even though we have all agreed and the system has been working fine for years?
Answer: If there is a parking by-law, this cannot be easily disputed by the new owner who has moved downstairs.
If there has been a new by-law or changes to an existing by-law that allows lot owners of the strata to park in the common area, then this cannot be easily disputed by the new owner who has moved downstairs. Even if they dispute it and make a claim at NSW Civil & Administrative Tribunal, the Tribunal would have to be satisfied that the parking by-law is invalid for reasons that it is harsh, unconscionable or oppressive.
However if a by-law does not exist to allow parking in the common area then now is the opportunity to convene a meeting with all owners with an aim to modify or adopt new by-laws that are in the interest of the owners. This requires a special majority vote and if you and all other owners have already agreed to this then it will not be difficult for you to obtain their support. If there has been a motion already passed by a special majority of the owners, then you should not be compelled to stop parking in the common area.
A by-law, once passed, must be registered so as to be enforceable.
Yuhao Gu
Omega Legal
E: [email protected]
P: 0402 990 108
This post appears in Strata News #344
NSW: 5 Most Useful By-laws: 3. Parking By-Law
Parking Notice By-Law – What Does it Do?
- Contains rules for parking:
- No parking on common property
- Owners responsible for tenants’ parking
- Invitees to only park in visitor parking (time restriction)
- No parking in other private car spaces
- Car register (vehicle details)
- Permits an owners corporation to:
- issue a notice to an owner or occupier in breach (the culprit)
- place a notice on the offending vehicle
- recover from the culprit the cost of issuing the notice
- recover from the culprit the cost of moving the vehicle
- Results in multiple costs recorded on owner’s account/ledger
- Stops the parking problem
Parking Notice By-Law – What it Does Not Do?
- Does not permit an owners corporation to impose:
- Penalties
- Fines
Adrian Mueller
Partner + Senior Lawyer
JS Mueller & Co Lawyers
E. [email protected]
W. http://muellers.com.au/
P: 02 9562 1266
This article has been republished with permission from the author and first appeared on the JS Mueller & Co Website.
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.
This post appears in Strata News #241.
Have a question or something to add to the article? Leave a comment below.
Read next:
- NSW Case Study: Is your illegal parking notice just an empty threat?
- NSW: Can parking offenders be towed from common property?
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In relation to parking on common property, it may be possible for common property other than visitor carpark areas to be agreed by owners and used as the Body Corporate see fit.
In Queensland at a recent Brisbane BCCM conciliation meeting, the Body Corporate Committee were instructed that visitor carparks cannot be used by residents even if agreed by Committee or a vote of owners. The Council Development Application at time of construction defines the number of visitor carparks that must be available for “visitors” at all times and they cannot be used by residents at any time. In this case, it leads to idle visitor carparks that residents would love to make use of. The only way to address this is a new Application to Council to review. under current/updated guidelines.
Can the owners corporation in an industrial strata stop owners from parking unregistered cars (being restored) covered by car covers in the owners own car space – on their title?
I have an issue whereby vehicles keep on parking at my car space. I have contacted the Strata Manager that I intend to install a key operated bollard. I’m still waiting for a reply. Is this legal ?
Thank you these articles are good. but.is it possible to relate the issues to all state bylaws such as WA etc so they .can be of definate use to all