Question: Disability parking bays are not included in our by-laws and are being occupied by other residents. What are the options?
Our scheme has had a few designated disability parking bays marked with a wheelchair symbol for many years. However, they are not included in our current by-laws. Some residents with disability parking permission have to park outside the scheme, as other residents occupy their parking bays.
Which options are available to resolve this issue?
Answer: If the by-laws don’t already address disability parking, the body corporate should amend and register a by-law to enable enforcement against unauthorised parking.
It is difficult to provide a comprehensive response to this query based on the information provided.
Regulation of parking in designated disability parking spaces would usually be by way of the by-laws. If the by-laws do not reflect the existence of designated disability parking spaces and/or do not stipulate that owners and occupiers are not permitted to park in these spaces without approval of the body corporate, we recommend that the body corporate engage solicitors to prepare a general meeting motion to amend the by-laws accordingly.
Assuming the updated by-laws are approved and subsequently registered in a Community Management Statement, the body corporate can then take enforcement action in accordance with the legislation against any owners and occupiers unlawfully parking in the designated disability parking spaces.
This post appears in the August 2026 edition of The QLD Strata Magazine.
Alanna Law
Mathews Hunt Legal
E: alanna.law@mathewshuntlegal.com.au
P: 07 5555 8000
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