Question: As a visitor, can strata fine me $165 if I park for over 24 hours in a visitor parking spot?
A building I visit recently made a rule to fine people $165 for using their visitor parking spots for over 24 hours. As we are currently in lockdown and no one is visiting, I decided to use the space rather than park on the street. I am legally allowed to visit, for compassionate reasons. As a visitor to the building, can strata fine me $165 if I park for over 24 hours in a visitor parking spot?
Answer: A 24-hour limit does not appear to be an unreasonable restriction.
There is likely a “visitor parking” by-law in force at the building you visit which will determine if you may park there and the conditions of same. A 24-hour limit does not appear to be an unreasonable restriction. You will be aware that visitor parking is reserved for bona fide visitors only ie it would likely be a requirement that you are present at the building while you park there and that the owner or occupier you visit is present also. As for fines, we are not aware of any cases where such by-laws have been tested in the Courts.
This post appears in the September 2021 edition of The NSW Strata Magazine.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440