The following question is from a new NSW lot owner concerning the use of visitor parking. Thank you to Leanne Habib, Premium Strata for providing a response.
Question: Can access to the visitor parking spaces be restricted for my guests?
I purchased a unit in Western Sydney and have been experiencing issues with the Strata Manager who is also a substantial unit owner of the building.
My unit is not allocated a car space. My main issue with this is the Strata Manager is restricting me access to the guest parking. He advises me there is currently a procedure being put in place to allow me guest access. He is of the opinion I will let my guests park in the unit owners allocated spaces if the guest parking is full.
I am uncertain as to what to do as the “procedure” he is putting in place will likely take an extended amount of time.
Answer: The visitor parking areas should be accessible by all genuine visitors.
The visitor parking areas should be accessible by all genuine visitors. If the current manager, in conjunction with the Owners Corporation, is considering implementing a process for access or use of the visitor space, it must ensure that any agreed procedure is in keeping with the strata bylaws and development consent applicable to the scheme.
It is difficult to comment any further without knowing what the proposed process is and to advise if the proposed process conflicts with the legislation in general and or the DA and strata bylaws.
We would suggest as a step to resolve the issue that you request your guests have access to the visitor parking spaces as required under the DA.
Any issues or concerns that the manager has with regards to you allowing your guests to park in the allocated spaces should be dealt with as set out under the legalisation, i.e. enforcement of by law compliance.
This post appears in Strata News #101.
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.