Our apartment building includes ten hotel apartments with eight parking spaces. Does the owner need permission before installing bollards?
Our apartment building is part owner residents, part rented apartments and ten hotel apartments. The hotel lot owner has eight car spaces, which include our two disability parking spaces. This owner has recently installed bollards into all eight car spaces. Are the lot owner car spaces common property, and should they have submitted a special resolution at a General Meeting to be approved before the installation? Can this lot owner restrict disabled parking to hotel guests, or can other disabled visitors use these parks as well?
Regardless of whether they are lot or common property, the owner would require consent from the owners corporation to install the bollards as their installation would involve works to common property.
Whether the car spaces are lot or common property spaces will depend on how they are depicted on the strata plan. You will also have to check if there are any by-laws which relate to the use of, or grant exclusive use over the parking spaces.
If they are common property parking spaces, an owner cannot restrict access and must allow other owners, occupiers and invitees to use the parking spaces, depending on their designation by Council. If the development consent conditions specify that the parking spaces are visitor parking spaces, they must be used by visitors only. Similarly, if they have been designated as disability parking spaces, they should only be used by persons with disabilities. You may need to review the development consent conditions for the building to check if there are any conditions regarding the type and number of parking spaces required.
If the parking spaces are part of the hotel lot, they are for use by that owner, any occupier or their invitees. Therefore, the owner is able to restrict access to the parking spaces.
Regardless of whether they are lot or common property, the owner would require consent from the owners corporation to install the bollards as their installation would involve works to common property.
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Matthew Jenkins is the General Manager and Partner at Bannermans Lawyers and a leading practitioner in strata and community title law. Before joining the firm in 2006, Matthew spent over ten years in the finance sector with major international companies. Admitted in 2008, he has developed extensive expertise across by‑law drafting, building compliance, management rights, dispute resolution, insurance, meeting procedures and complex title structuring. Matthew serves on the SCA (NSW) Board of Directors, is Chair of the Policy and Legislation Committee, and is a TAE40122 qualified trainer and assessor.
Qualifications
- Bachelor of Aviation (UNSW)
- Juris Doctor (UTS)
- Member of the Law Society (NSW)
- TAE40122 Certificate IV in Training & Assessment
Years of experience
- Over 18 years in strata and community title law (since 2006)
- Over 10 years prior experience in the finance sector
Authoritative mentions
- Published author in the Real Estate Institute Journal
- Contributor to multiple industry articles and strata law commentary
Other relevant info
- Rapid career progression at Bannermans Lawyers from law clerk to Partner
- Extensive experience across NCAT and Supreme Court proceedings
- Specialist in by‑laws, building management, compliance, insurance, disputes and title structuring
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