This article discusses whether a body corporate obligation to provide bicycle storage exists when by-laws restrict where bikes can be kept.
Question: Our by-laws state that unit car parks may be used only for parking of a registered motor vehicle. As there is no space for bicycles, is the committee required to provide a space?
Our Body Corporate bylaws state that each unit’s car parking area may be used only for the parking of a registered motor vehicle. They also state that “an owner or an occupier must not park stand or rest a bicycle on any part of the common property other than in an area specifically designated for the parking of bicycles”.
When our building was built about 20 years ago, no area was ever designated for bicycles and no storage facilities were provided for them. Is the committee obliged to provide a bicycle storage area? If so, as we do not have much area that could be set aside for bikes, would we have to provide one space per unit?
Answer: If there isn’t enough room for a space for a bike for everyone, the issue then becomes how you allocate them.
To me, that by-law is more about what you can use exclusive use spaces for. It says you cannot use them for bike storage. I don’t think it follows that the committee must supply storage areas for bikes, although if they could, that inevitably should lead to more occupier satisfaction.
If there isn’t enough room for a space for a bike for everyone, the issue then becomes how you allocate them. Most bodies corporate seem to operate on a first in best dressed basis.
This post appears in the April 2021 edition of The QLD Strata Magazine.
Frank Higginson Redchip Strata Law E: FrankH@redchip.com.au P: 07 3193 0500