Question: Our bylaws do not clearly address parking rules in our scheme. Residents park on common property and in visitor parking spots. Can the committee request an occupier not to park in the visitor parks?
Our strata scheme has 40 units in duplex configurations. Approximately half of the duplexes have a common property driveway access of sufficient length to park a vehicle in-front of the unit. The other half do not. There are 26 Visitor Car parks throughout the complex.
We have the following by-law related to parking:
- The occupier of a lot must not:
- Park a vehicle, or allow a vehicle to stand on the common property in a manner likely to interfere with the peaceful enjoyment of other occupants
OR - Permit an invitee to park a vehicle, or allow a vehicle to stand on the common property except in the visitor spaces allocated.
- Park a vehicle, or allow a vehicle to stand on the common property in a manner likely to interfere with the peaceful enjoyment of other occupants
We have several occupants with two cars. Some park additional vehicles in the driveways where they can be accomodate. Some are parking in the visitor parks as it appears this is not prohibited in the by-laws.
Conversely, visitors parking in the driveways in front of units does appear to be prohibited by the by-laws. Clearly the bylaws need to be refined and the committee is in the process of getting the information from Council as to the requirements for regulated visitor parks. They intend to submit new bylaws to the next AGM. However under the current bylaws, can the committee request an occupier not to park in the visitor parks.
Answer: By parking in the visitor’s spaces, owners are interfering with the peaceful enjoyment of the complex by others.
The wording of your by-law is a little vague but I think you can still ask owners not to park in the visitor’s spaces. After all, they are common property and by parking there, owners are preventing genuine visitors from using the spot. They are interfering with the peaceful enjoyment of the complex by others. I think you are fine to start notifying people on that basis.
This post appears in Strata News #591.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924