QLD: Can visitor parking spaces be converted to resident parking in strata?

Question: We have 12 visitor parking spaces, mostly sitting empty, while residents park their second vehicle on the congested street. Can we convert 7 of the visitor spaces to resident parking?

This is our current parking by-law:

An owner or occupier must not, without the written approval of the Body Corporate Committee, subject to the Act:

park a vehicle or allow a vehicle to stand on any part of the common property (other than in an exclusive use area); or

permit a visitor to park a vehicle or allow a vehicle to stand on the common property (other than a designated visitor car parking bay).

Our complex has 24 units with one allocated car space within each lot’s carport. The complex has 12 visitor car parks.

Is it lawful to change the parking by-law to 5 visitor car parks and allow the remaining seven visitor car parks for residents to use as a first-in, best-dressed situation?

Many of our residents have more than one car and park on the street while our visitor car parks are empty.

Are we required, by law, to have 12 visitor carp arks due to local council regulations?

Is there a different lawful way residents can utilise these empty visitor parking spaces?

Answer: Officially, if you wanted to change the number of spaces available, you would need to contact your council to see if they would agree.

The provision of visitor parking spots is usually part of a requirement from council for the granting of the development application to build the site. As such, if you wanted to change the number of spaces available, you would need to contact your council to see if they would agree. You may need to make a development application.

Visitor parking requirements were presumably introduced to help limit offsite parking around body corporate complexes. Perhaps you can argue they are having the opposite effect by pushing owners onto the streets. I think it is important that some visitor parking spaces are available, but as you say, most of yours are sitting empty, forcing compliant residents to clog up the local area. How’s that a win for anyone? If body corporates are to move forward as positive living options, flexible thinking around this type of issue will be required. Councils don’t have a good reputation for this type of adaptability, but it is worth trying. Perhaps raise the issue with your local councillor directly to see if you can get support.

Short of this official position, you could adopt an unofficial system along the lines you suggest. If everyone got along with it, there may not be a problem. Be aware that the entire system can collapse if even one person fails to adhere to the unwritten rules, potentially triggering a range of new problems.