Question: If the majority of residents in a strata scheme do not want our parking bylaws enforced, can the strata committee make parking in common areas legal?
The strata committee has conducted an online survey with all residents to ask them if they want parking bylaws to be enforced. If the majority of residents in a strata scheme vote against bylaw enforcement in the common area, can the strata committee make parking in common area legal?
What happens to the residents who are affected by others parking on common property? I’m concerned about blocked strata footpaths, internal strata road obstructions, accidents or mishaps occurring due to the relaxing of parking rules.
Answer: The Strata Committee is unable to make such a decision.
The Strata Committee is unable to make such a decision regarding visitor parking. Usually, the council will require a certain number of visitors car parking spaces to be provided as part of the Development Approval conditions of consent.
By this point, I mean that even if the Strata Committee passed a by-law / changed the by-laws to allow resident parking in the visitors parking spaces, it would almost certainly be an invalid by-law as it will put the building into a breach of the DA.
I think the Strata Committee is heading in the wrong direction on this item.
This post appears in the February 2022 edition of The NSW Strata Magazine.
Rod Smith The Strata Collective E: rsmith@thestratacollective.com.au P: 02 9879 3547