A body corporate wants to stop an owner parking a motorcycle and a car together in their exclusive use bay, citing a safety report. Can this be restricted?
Our lot has an exclusive use parking bay allocated in the community management statement (CMS). The exclusive use by-law allows parking of operational, roadworthy motor vehicles. It doesn't prohibit motorcycles or limit the bay to one vehicle.
I park my roadworthy motorcycle and car together, wholly within the bay. The motorcycle sits between the car and a concrete wall, and there's no pedestrian walkway or access behind the car.
The body corporate manager has written to me on behalf of the body corporate, citing a workplace health and safety (WHS) report that identifies potential pedestrian access, reversing visibility, trip and collision hazards. The letter recommends reinstating a wheel stop I removed. I'm happy to reinstate it, but it's unclear whether that resolves their concerns. The letter doesn't identify a specific by-law breach, Australian Standard clause or WHS legislative provision.
Can the body corporate restrict me from parking both vehicles in my bay?
If both vehicles stay wholly within the bay, whether the body corporate can restrict this depends on the exclusive use by-law and the risks identified in the WHS report.
Assuming the vehicles remain wholly within the boundary of the exclusive use area, the answer to this depends on the:
- terms of the exclusive use by-law and whether there are any restrictions on use or relevant limitations; and
- risk and issues identified in the WHS report.
As an ancillary issue, the removal of the wheel stop may have needed a separate body corporate approval.
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Todd is an experienced property lawyer who heads up Mahoneys body corporate team.
Todd specialises in body corporate law and predominantly acts for bodies corporate, body corporate managers and lot owners on all matters affecting bodies corporate.
Todd is an active member of the Strata Community Association (Qld). In 2019 he was appointed to the Strata Community Association (Qld) legislation committee and assists in making submissions on behalf of the Strata Community Association (Qld) on issues such as legislative reform in body corporate law.
As Todd is also a body corporate committee member, he understands the day to day requirements of administering a body corporate.
Todd has a focus on achieving practical and commercial results for his clients and understands the market in which bodies corporate operate within.
Todd also provides body corporate managers, and other industry stakeholders, with presentations and training on matters affecting the body corporate industry.
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