The owner of the cafe on the ground floor of our building is privately renting our only disabled car space in our underground car park to a man who is storing his vintage car in the space. Is this legal?
Check the by-laws and the development consent documents for your building to determine whether a resident is able to rent out a car space to a person who lives outside the building.
Lot's to unpack here!
If the disabled parking space you refer to is common property, only the owners corporation has any legal right to deal with it. If that's the case, the owner of the café is essentially fraudulently charging the vintage car owner to park in a common property space to which neither of them has any exclusive rights. If this is the case, the owners corporation should intervene immediately.
However, further investigation will be required if the space forms part of the café owner's lot as opposed to being common property. You will be able to determine this by looking at the registered strata plan for your scheme.
Often, one or more lots within a strata scheme will be deemed accessible lots and will have a car space painted with the blue and white accessibility logo. This is to satisfy development consent conditions, but the car space remains solely for use by that lot.
In this case, you will need to check the by-laws and the development consent documents for your building to determine whether a resident is able to rent out a car space to a person who lives outside the building.
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Edward Baker, stands with over two decades of strata experience, bringing unmatched expertise to the role. Edward is widely respected in the NSW strata industry and is known for his commitment to fostering meaningful interactions with owners and committees, his unflappable manner, and his level-headed ability to problem-solve. A recognised industry leader, Edward is regularly approached to give advice and share his knowledge on a range of strata schemes and to contribute to industry forums. Since starting his career in strata management in 2001, Edward has had hands-on managing experience ranging from 2-lot schemes to extensive 600-lot projects and everything in between. His expertise spans residential, commercial, and industrial strata management, along with community associations, building management committees (BMCs), defect management, new developments, dispute resolution, and the comprehensive management of buildings at all stages of their lifecycle. Over the years, Edward has also contributed significantly to various other business management roles, serving as Operations Manager, Licensee in Charge and Branch Manager. Edward's academic and professional credentials include a Master of Commerce, a Bachelor of Arts, an Advanced Diploma in Property, and a range of industry certifications. He is also a Justice of the Peace and holds a level 3 Practising Strata Community Manager certification with Strata Community Association (SCA). His involvement in the SCA Professional Strata Management Committee, coupled with his active participation in the strata industry and community at large, showcases his ongoing commitment to the field.
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