Can a strata company ban visitor vehicles from entering a complex?
Implementing a ban on visitor vehicles entering a strata complex would likely be seen as unreasonable and difficult to enforce, potentially leading to legal challenges.
While a council of owners in Western Australia has the responsibility to control and manage common property, implementing a total ban on visitor vehicles entering a strata complex would likely be unreasonable and difficult to enforce, potentially leading to legal challenges.
- Impact on owners and occupants: A total ban could significantly inconvenience lot owners and their occupants, particularly those with frequent visitors, or if there is no viable alternative parking nearby. It could also negatively affect property values and the overall liveability of the complex.
- Visitor parking provisions: Many strata schemes, especially newer ones, have designated visitor parking bays on their registered strata plan. These bays are specifically intended for visitor use, and a blanket ban would directly contradict their purpose. Any attempt to alter or restrict access to these specific bays would likely be challenged, as it could be considered a change to the common property or an unreasonable restriction on lot owners' rights.
- Essential visitors: A blanket ban doesn't account for essential service providers (e.g., plumbers, electricians, removalists) or delivery drivers, which would severely impact residents.
Local Government Requirements: Many local councils (shires) have specific planning requirements that mandate a certain number of visitor parking bays be provided within a strata scheme as part of the initial development approval. A strata company cannot unilaterally contravene these existing planning conditions. You would need to consult your specific local council's planning scheme and the complex's original development approval to understand any such obligations.
Instead of a total ban, strata companies often implement by-laws to manage and regulate visitor parking to address specific issues such as congestion or misuse, including time limits or restrictions on certain types of vehicles, etc.
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