Question: In 1997, prior to selling the building the developer gave himself exclusive use of all visitor car parks. Our building approval states there should be 14 visitor spaces. Can the body corporate be fined for not having any visitor parking spaces?
Our building approval has a condition we must have 14 visitor car parks. In 1997, the owner/developer prior to selling the building gave himself exclusive use over the visitor car parks, removing any visitor parks. We have been advised the owners may be subject to a fine from the council for contriving the approval. The lot with exclusive use has no issue with our lack of visitor parking. Residents would like visitor parking spaces reinstated as per our building approval. Can the body corporate be fined for not having any visitor parking spaces?
Answer: If the owners / body corporate are not in compliance with the development approval then the council would be well within their rights to issue show cause notices.
It’s a quarter of a century since it happened but if the owners / body corporate are not in compliance with the development approval then the council would be well within their rights to issue show cause notices. A show cause notice essentially says ‘prove to us why you shouldn’t be prosecuted for breaching the planning approval’.
These are quite often issued to the body corporate, and to be honest if there are not visitor car parking spaces and the development approval requires them, it can get very messy very quickly. It has probably gone this far because no one has complained, and the complainer would normally be someone whose visitor cannot obtain parking!
This post appears in Strata News #635.
Frank Higginson
Redchip Strata Law
E: FrankH@redchip.com.au
P: 07 3193 0500
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