This article about car park reconfiguration has been supplied by Todd Garsden, Mahoneys.
Parking, one of the four “Ps” for bodies corporate, is a common problem area that body corporate committees have to deal with.
One request that is becoming more commonplace is to reconfigure, reallocate or rearrange car parking in a scheme.
This article sets out some of the important matters a committee must consider before proposing and approving changes to any car parking arrangements.
Council issues
Our previous article on development offences discussed issues that a body corporate needs to be aware of if a development approval is contravened.
Councils will almost always impose requirements on the developer to have a minimum number of car parks for occupiers and a minimum number of car parks reserved for visitors. Depending on the development approval, it may set out where car parks must be located, manoeuvring areas and the size of the car parks. These requirements placed on the developer pass on to the body corporate.
Accordingly, before any plans to change the existing car parking configuration are implemented, you must make sure the changes are consistent with the conditions of the development approval.
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Body corporate considerations
Once any council issues are satisfied, the type of body corporate approval required will depend on what changes are being made. This could extend to:
- swapping existing car parks between owners;
- swapping existing car parks between an owner and visitor areas; or
- granting new car parks to owners.
Owner to owner swap
An owner to owner swap is fairly straightforward if the car parks are exclusive use allocations. This change would ordinarily require the affected owners to agree and the change being reflected in a new community management statement.
If the car parks are on title then it is a much more complicated process and requires the car park to be subdivided from one lot, transferred to the new owner, amalgamated into another lot and the changes being reflected in a new community management statement.
Owner to visitor swap
Assuming the car park is an exclusive use allocation, an owner to visitor swap will require:
- the owner’s consent to relinquish the exclusive use allocation and resolution without dissent for the body corporate to accept responsibility over the area;
- the granting of a new exclusive use allocation over the previous visitor car park, which also requires a resolution without dissent; and
- a new exclusive use plan to mark the previous visitor car park as an exclusive use area; and
- a new community management statement to be prepared.
New car parks
Adding new car parks is the change most likely to cause council some concern (especially where the car park was previously a visitor car park and is not being replaced elsewhere in the scheme).
Assuming the car park is an exclusive use allocation, this will require:
- the granting of a new exclusive use allocation over the common property, which requires a resolution without dissent to approve the new community management statement; and
- a new exclusive use plan to mark the new exclusive use area.
A less permanent option (that does not require a resolution without dissent if less than 10 years for the Accommodation Module or 3 years for the Standard Module) is to lease or licence the car park.
This approach can be an attractive option to bodies corporate as adding car parks can be something of value which can be “sold” or “rented” if managed correctly. In doing so the body corporate needs to ensure that it is not conducting a business, meets any council requirements, and acts reasonably in the way in which owners are provided the opportunity to “buy” the car park.
Improvements
Car park changes often require works to be carried out to the scheme. For example, this can include:
- repainting lines;
- painting new numbering;
- installing signage; or
- converting common property (for example, a garden area) to concrete parking.
Accordingly, any of these changes also need to be properly approved, which we wrote about in this article.
Feel free to contact us if you need any assistance with your strata car park configuration.
Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753
This post appears in Strata News #444.
Have a question about car park reconfiguration or something to add to the article? Leave a comment below.
Read next:
- QLD: How To Manage Parking Dilemmas At Your Complex
- QLD: Development Offences in Bodies Corporate
- QLD: Q&A The First rule of Visitor Parking in Apartments – umm, it’s for visitors!
This article has been republished with permission from the author and first appeared on the Mahoneys website.
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So many useful information giving by Todd.
We are a scheme with one bedroom units and one three bedroom unit. Our survey plan does not show any en allocated as part of the lot’s title or as exclusive use allocations.. None is recorded ithe CMS and the by-laws.
However the car par area has a few allocated disabled bays with painted sings on these bays, None Disable parking. is in By-laws. Some older people with disabled parking permission have to pack outside of the scheme on the street.
None visitors car parks are allocated with sings on the ground in car park areas, however by-laws legulate visitors parking. In addition 2 signs placed by the gate say Resident parking only Visitor must park outside.
It is possible to see visitors (tradies, business, blue care and other peoples cars, who do not live in) parking on the car park.,
I am concern, that Development conditions for disabled parking have not been met by the BC to record it in by-laws. And visitors parking has not been solved properly as well.
How to deal with situation like that? Thank you.
Hi Jirina
I would suggest contacting council to obtain a copy of the development approval conditions. If it is a recent development, the documents may be available online through council’s website.
You could then review these documents (or engage a town planner or lawyer) to ascertain if the DA is being complied with. You can then take any necessary action to remedy the situation.
Hi Todd,
The scheme is from 2004. The Development approval is not on the BC records available to see, that should be.
How can I obtain, that is nearly 20 years old?
There is a map in the common room showing the area of the car park as well with parking bays, 5 of them have disabled signs in parking bay. There are instruction bellow map related to evacuation to leave the main building to get to assembly area on the car park.
Our financial year is going to the end this month, so I have been thinking of submission of motion – a new by-law for the AGM about disable parking and another motion to revoke by-law – visitors parking.
Hi Jirina
If you contact council they will be able to provide the relevant information.
Any motion that is submitted should ensure that it is consistent with the DA requirements.
I see Todd,
Thank you.
Hi Todd,
To obtain Development Approval (history file) is not free from July 2022 any more.
I’ve got information by Council, that there are fees $384.00 for it, Other option is to call Council and complain on a specific issue. Somebody from Council comes and investigates the issue. It is free. I am going by this way.
In 2020 an owner, via an Owner’s Motion, Ordinary Resolution at the AGM, requested they swap their Exclusive Use Car Park for a Visitor Car Park. It was narrowly approved, 16 Yes, 14 No. No request to change the CMS was included and the CMS has never been changed. As this was not done by a Motion Without Dissent, and would have failed if it was, and the fact that the CMS was never changed, how can we get this Motion overturned at the next AGM and get this Owner back to their original park as designated on the CMS?
Hi Sally
The following response has been provided by Todd Garsden, Mahoneys:
You are correct that the previous approval in 2020 was not valid. However there would not be a need to overturn the motion at the next AGM. As it presently stands, the lot owner should only be using the original car park (and not the prior visitor car park). It may be worthwhile writing to the committee and owner to confirm this position. I suspect there will be a by-law contravention as a result. This means that any owner can take steps to enforce compliance (or the committee can – and should).
Todd Garsden
Mahoneys
W: http://www.mahoneys.com.au/
P: 07 3007 3753
I live in a small complex of 11 units. There is no parking signs or lines in the complex. How do I find out about the parking allocations. I was told at the last AGM that I would need to pay for a Development Approval Plan which would show what parking has been allocated. The Site Plan I was given state s that there is 25 total car spaces but it also shows Stage 1 of 11 units and Stage 2 as Proposed unit developments of another 20 units with a total of 31 units – not sure when Stage 2 will be but how do we find out about the parking that is already there and can the parking be allocated to certain Units and Visitor parks.
Hi Gwen
I would start with obtaining a copy of your survey plan and community title statement. This will reveal any car parks that have been allocated as part of the lot’s title or as exclusive use allocations.
Your body corporate manager may have copies of these documents that they can send to you.
Todd
I have acquired the Approved Plan of Development from Logan City Council which says it is Proposed Community development for our complex. This says under Development Summary that Site Car Accommodation: Needed 24.75 spaces (2.25 spaces per unit) archived 25 spaces. The Title Reference 14428213 says Unit Car parking” 20 car parks, 3 visitor car parks – 25 total car parks provided – 23 Total car parks required.
I was told by the Body Corporate that these were not enough to contract a company for linemarking and adding Unit car park allocations or visitor parking allocations. They told me that I would need to go to RTI and ask for more information. I paid the fee and RTi came back to me telling me that they haven’t got any more information than what I provided them. Not sure where else to go but the latest safety report includes the problem with cars that are parked in the turn around zone (which isn’t signed or have painted lines) but when people think they can turn around at the end of the complex and then realise they can’t because cars are parked there then they have to reverse all the way out of the complex. The documents that I have show at the end of Unit 11 and the end of Unit 7 that they are turn around areas but they aren’t signed. The Body Corporate also told me that they would have to get in surveyors which would be costly. I really don’t know what else to ask for. Should this be up to the owners of the units now.
Hi Gwen
Do you have a copy of your survey plan and community management statement?
This should show any parking allocations.
If you don’t have copies, or you can’t get them from your body corporate manager they will be recorded at the titles office.
Todd
Yes I have the Survey Plan and the Community Management Statement which I got from the Body Corporate Owners Portal – this is the Title Reference 14428213 which states under the Site Area Summary about Unit Car parking but the Body Corporate is saying that because there is nothing written on the actual CMS that allocates parks for units or visitor parking that we can’t do the line marking. They said that if someone wanted to take it to court that I could be in trouble for doing the line marking, however you can see on the CMS that parks are there.
Hello, I have a question about car spaces in QLD strata title. Currently our basement is all common property and our car parking space is not on our individual titles. There are 8 units in our building and the garage parking is very unevenly divided, as some units have double length parking bays with storage and others have small single garage and one is very small. Built on the Gold Coast, QLD in 1994, the car spaces in our lockup basement garage were selected as each unit was sold and a number has been painted on each. 6 units are 2 bedroom & 1 is a 3 bedroom, this size is not reflected in the current parking allocations. Four units wish to make a change and want the parking spaces included on our titles (thus square meterage reflected in our body corporate contribution shares) or have the option to choose/reallocate the parking spots. There are 2 unit owners that have shut this idea down very quickly, these units currently occupy the largest car parking spaces. We are looking at making it all a much fairer system, (not based on bedrooms or past allocation), we would like to have fair options. My questions are: is change possible, what course of action do we need to take, what is our first step, how can we start moving forward. Are you able to share any advice, insight, further reading or ‘the next step’? I look forward to your reply. Kindest regards Pink
I have responded to the question in this article: QLD: Q&A Renting, Selling or Reallocation of Car or Storage Spaces
Can a resident in 52 apartment building build a colourbond wall between their car space and neighbouring car space in basement car park.? Car spaces are open and if you have 2 vehicles in your allotted parallel spaces, it is impossible to open your car door without encroaching into neighbouring space. What approval would be required? Would it contravened building approval or create air flow issues? Thank you
Hi Jan
We have responded to your question in this article:
QLD: Q&A Safety & Permissions for Car Park Storage
In Queensland, specifically the MBRC, can a 102 unit building be approved without having any designated Visitor car spaces? The building is 3 years old.
Hi Andrew
We have responded to a similar question here:
QLD: Q&A How Many Car Parks per Apartment Building?
Can a Body Corporate permit elderly people (over 70) and people with young children (under 7) to park in the Disabled Park if the Visitor Park is full??
I have responded to your question in this article:
QLD: Q&A Strata Parking Allocation for Disabled Parking
I have answered your question in this Q&A article:
QLD: Q&A Can We Lease Out Our Visitor Parking Spaces?
Good morning,
thank you for this information. A lot owner has placed semi-permanent sheds over some visitor car parks. To resolve the issue, the lease option may be suitable. How can the body corporate put a lease in place and not conduct a business? Aren’t they conflicts?