NSW: Can residents park two cars in one strata space and what legal options exist for nuisance parking issues

Question: Are there any parking laws preventing residents from parking 2 cars in a single car space?

Are there any parking laws to stop 2 cars from being parked in a space for 1 car.

New neighbours moved in and are parking 2 cars in their 1 car space. This leaves my car at risk of being scratched due to access problems. I have to park my car right up close to the wall and it makes it hard for my children to get in and out of the vehicle.

Answer: If your neighbours are causing you a nuisance, you could make an application to NCAT.

Your neighbours are causing you a nuisance in breach of the Strata Schemes Management Act, 2015 (NSW) – see Section 153 Owners, occupiers and other persons not to create nuisance. You could make application to NCAT for orders that your neighbours refrain from parking more than one car in their car space (attempted mediation is a precursor).

Initially, we would recommend you ask your neighbours to exercise more consideration, and, if they persist, you could seek the involvement of your strata manager if the cars protrude outside the line markings of the car spaces.

153 Owners, occupiers and other persons not to create nuisance

1. An owner, mortgagee or covenant chargee in possession, tenant or occupier of a lot in a strata scheme must not:
   
   1. use or enjoy the lot, or permit the lot to be used or enjoyed, in a manner or for a purpose that causes a nuisance or hazard to the occupier of any other lot (whether that person is an owner or not), or
   2. use or enjoy the common property in a manner or for a purpose that interferes unreasonably with the use or enjoyment of the common property by the occupier of any other lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the common property, or
   3. use or enjoy the common property in a manner or for a purpose that interferes unreasonably with the use or enjoyment of any other lot by the occupier of the lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the lot.
      
      Note: Depending on the circumstances in which it occurs, the penetration of smoke from smoking into a lot or common property may cause a nuisance or hazard and may interfere unreasonably with the use or enjoyment of the common property or another lot.
2. This section does not operate to prevent the due exercise of rights conferred on a developer by the operation of section 82 of the Strata Schemes Development Act 2015.

Note: Division 1 of Part 6 contains provisions about the circumstances in which owners of lots may carry out work that affects common property.

Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440