Question: Our exclusive use car parking bay boundary lines are painted and are about 100 mm wide. Where is the boundary between each lot’s parking space?
Regarding exclusive use car parking bays in Queensland.
Our boundary lines are painted and are about 100 mm wide. Is the boundary either side of the painted line, the centre of the line, or something else?
An adjoining car parking bay is being used to park a big (Harley Davidson) motorcycle at the ‘head’ of their exclusive use car parking bay, whilst trying to fit a car in the same bay. The bike was on the painted separation line. Following raising our concern, it has been moved, but the bike is still overhanging into our exclusive use bay. Are we entitled to exclusive use of the airspace, as well as the floor area? Again, is the boundary the same as whatever is deemed in the previous paragraph?
The by-laws do not provide this level of detail.
As is usual, the parking bays, whilst said to be built to Code, are ‘tight’.
Answer: You have to ask how much this situation is bothering you or what the level of risk is.
For exact detail on where each lot starts and stops you would have to look at the survey plans for your site. You may even need to ask a surveyor.
Your exclusive use area would also include the airspace of that area. In some cases, this may be up to a defined height. This may not be practical or possible, but in theory you could put a wall around your exclusive use area in order to maintain its exclusivity.
More practically, I think you have to ask how much this situation is bothering you or what the level of risk is. As you say, parking is tight and when that is the case people are going to push the boundaries.
It seems your neighbour has made an effort here and the question is whether the effort is sufficient for you. If you think the effort is reasonable then you may just want to leave the matter there. Or, if the neighbour is reasonable, you could have chat with them about why their parking is causing a problem.
If you think an accident or injury is likely to occur as a result of the parking, you should bring that to the attention of the owner and body corporate. There is no definite right next step but so far as possible, it is best to seek an amicable solution first, then reach for the law book if that fails.
This post appears in Strata News #522.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
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