This article discusses body corporate unfair parking enforcement on common property in Queensland, explaining that committees must apply parking rules consistently to all owners.
Question: The body corporate stops me from using common property parking, but allows my neighbour to use the space whenever they like. How is that fair?
My partner and I live in a townhouse in Brisbane, QLD. For years, our neighbour has parked their car in a common area space beside their house. After they sold that car, I parked in the space.
The neighbour complained to the body corporate, and the committee said that I am not allowed to park there. When we asked why, the body corporate did not supply a reason. The neighbour now uses the space on weekends without any issues.
We have been told that the parking spaces are for visitors only and that townhouse owners must park on the street. However, due to increasing car thefts, we would prefer to park inside the complex. The body corporate will not authorise us to park there. If I use the space, the neighbour comes out and tells me to move.
Answer: It’s reasonable for the body corporate to restrict residents from using the space, but it’s unfair if they’re applying the rules to one owner and not others.
The body corporate is entitled to enforce the parking by-laws, but it also needs to treat all residents equally.
You indicate that the space in question is a common area. It’s worth double checking via a review of the CMS and by-laws. Assuming you are correct, most likely, no one should be parking in that area.
On that basis, it is reasonable for the body corporate to restrict all residents from using the space, but it’s not fair that they are applying the rules to one owner and not the other.
As a starting point, you could submit a letter to the body corporate asking for a clear explanation. Maybe you are missing something. Perhaps the body corporate has sent breach letters to your neighbour, and you are unaware. Whatever the reason, provide the body corporate with an opportunity to explain, and hopefully that will move the issue to the next stage.
If that explanation is not forthcoming, you can escalate accordingly. Ask for your correspondence to be tabled and discussed at the next committee meeting. If necessary, submit an owners motion to force the committee to vote on the matter and bring it out into the open. Submit a Form 1 notice to the body corporate, advising them of your neighbour’s breach of the by-law. Be proactive in pushing the issue so it becomes something the body corporate must address directly.
If you are still not getting any progress, file your issue with the Commissioner’s office. Gather your evidence and make a submission.
For what it is worth, your request to park inside the confines of the scheme on the common property is likely to be unreasonable. I understand there are crime issues, but it’s not usually possible for the body corporate to create extra parking spaces. Parking in your space or off-site is an immutable law of the body corporate. I think you can expect the body corporate to enforce the parking by-laws and require both you and your neighbour to adhere to them, but if the goal is a revision of the parking facilities, you need to look at that in a different capacity.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
This post appears in the March 2026 edition of The QLD Strata Magazine.
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Read next:
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