This article discusses committee using an exclusive use car space without consent in Queensland, explaining when a body corporate can or cannot use an owner’s car park for trades or storage.
Question: Can the body corporate use my exclusive use car park for trades when they are carrying out works in an unrelated area?
I have an exclusive use car park. The by-laws state that the space must be used only for parking, not for storage. My understanding is that the committee can temporarily restrict access to my exclusive use area during maintenance or repairs to that area after providing written notice, unless it is an emergency.
Can the body corporate use my exclusive use car park for tradespeople to park vehicles or store equipment when they are carrying out repairs or maintenance on another part of the common property that is not physically located within, next to, or related to my car park?
Because the works are unrelated to my exclusive use area, is the committee required to have my consent before allowing trades to use my car space?
Answer: Ensuring contractors have a car park and space to store tools isn’t your problem or your responsibility.
It’s impossible to respond definitively, given that each situation and exclusive use by-law is different. That said, your general rule of thumb is that an exclusive-use area (be it a car park or something else) is allocated for the use and enjoyment of the party (occupier or owner) to whom it is allocated. In other words, if you have an exclusive use area, it’s generally yours to use, subject to the terms of the by-law, and it doesn’t become a general use common space.
There is a legislated process for amending an exclusive use by-law, and that process does not involve a unilateral committee decision. While a body corporate does have a legislative right to enter a lot, as you point out, that right is limited to specific purposes and requires notice. This situation doesn’t appear to be about the power of entry, though.
It may be the case that your exclusive use park is convenient. Or that parking is scarce, and yours is the only spot available. Even if either of these is true, that doesn’t empower the committee to use the space as they see fit and when it suits them. To be blunt, ensuring contractors have a car park and space to store tools isn’t your problem or your responsibility.
This is general information only and not legal advice.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
This post appears in the March 2026 edition of The QLD Strata Magazine.
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Read next:
- QLD: Q&A Exclusive use car parks and who maintains them
- QLD: Can a caretaker claim exclusive use of a visitor car park without approval?
- QLD: Q&A Owner parking limits on common property
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