NSW: Can strata buildings use licence plate recognition systems for car park access and restrict entry for by law breaches

Question: Our building has recently installed a license plate reader system and we have a few questions.

Can a building install a Licence Plate Scanning System and disable swipe card access to the car park? If we hire a car or use shared cars we can’t enter our own car spots.

Owners Corporations can resolve to install Licence Plate Recognition (LPR) Systems to assist with the management of security for the building. Should your scheme have installed this system, your former swipe cards will have likely become obsolete. We are finding that this system is becoming more common, as when it is used correctly, it assists greatly in tracking by-law breaches for visitor parking.

To install a system, the Owners Corporation will have approved the installation of the system at a general meeting and adopt a by-law to detail the management of; the system, the data it collects, access provisions etc. The by-law should also detail who can access the system and under what circumstances, the process of registering the licence plate with the Owners Corporation, and the consequences should the vehicle and its owner be found breaching by-laws.

Fortunately, updating the LPR system should be very simple for the Strata Manager or Building Manager. Most updates to the system can be done remotely, and instantly. Should you hire a car, or use a shared car, you will need to update management immediately to ensure you are able to access the car park.

Strata schemes often have by-laws which outline the moving-in and moving-out procedures for the scheme. Generally speaking, you will need to liaise access with the Strata Manager/Building Manager so that the relevant provisions can be made for you to access the common property, especially where a LPR System is in place.

Without having viewed the by-laws for your scheme, the short answer is – no. You cannot be “blacklisted” from accessing your lot within a strata scheme. The Owners Corporation is responsible for the management and administration of the strata scheme, which may involve issuing by-law breach notices should you not comply. This does not allow an Owners Corporation to abuse the technology to further restrict access to your lot. Any reference to removing the ability to access the car park in a by-law is generally a deterrent, and not enforceable.