Question: Can a body corporate stop an owner riding an e-bike through a basement car park and owner parking spaces?
I manage a small strata scheme in Surfers Paradise. One owner regularly rides an e-bike through our underground car park, crossing over private parking bays and visitor parking bays. They also walk across other lots’ parking spaces and survey the parked cars.
Are parking spaces that form part of a lot treated as the owner’s property, rather than common property? Can residents access those spaces without permission?
Can riding an e-bike or other personal mobility device through the basement, including across other owners’ parking spaces, be treated as trespass or a breach? What practical steps can the body corporate committee take to address this behaviour if the resident refuses to cooperate?
Answer: The key is obtaining a copy of the survey plan and the current CMS.
The key is obtaining a copy of the survey plan and the current Community Management Statement (CMS). The owner riding the e-bike is bound by the by-laws in force at the time. If the parking space is registered on title to a lot, then the owner of that lot can obtain advice about their rights against that person for interference with their lot. If the parking space is an exclusive use or unallocated area of common property, the body corporate will need to consider whether that conduct is contravening a by-law. If it is contravening a by-law, the body corporate (or an owner or occupier, in some circumstances) can enforce that by-law against the owner. If appropriate, before escalating to enforcement of by-laws, it is recommended to contact the owner to explore informal ways to resolve the issue.
This post appears in the May 2026 edition of The QLD Strata Magazine.
Brendan Pitman
Grace Lawyers
E: brendan.pitman@gracelawyers.com.au
P: 07 5554 8560
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