We’ve recently received a few questions from Queensland strata lot owners concerning strata parking allocation for disabled parking.
Jump directly to the QUESTION you are after:
- QUESTION: Can our body corporate allow elderly people over 75 yrs of age or people with small children who are visitors to park in the disabled car park if the visitor parking is full?
- QUESTION: Can an owner with a disability sticker use the disabled car space for permanent parking?
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Question: Can our body corporate allow elderly people over 75 yrs of age or people with small children who are visitors to park in the disabled car park if the visitor parking is full?
Answer: This would depend on the terms of the body corporate’s development approval.
Todd Garsden – This would depend on the terms of the body corporate’s development approval which may set out the use of the disabled car park. I suspect it would not allow usage based on age – but rather disability.
William Marquand – Disabled parking spaces are designed for people with a disability. So, unless a person using the space has a disability and relevant parking permit they shouldn’t park in those spots. There are state and national laws mandating this so it is not something that you can get around.
If you think the space could be better used then perhaps the committee could raise the issue with the council to see if it could be re designated.
This post appears in Strata News #449.
Question: Can an owner with a disability sticker use the disabled car space for permanent parking?
Can an owner with a disability sticker use the disabled car space for permanent parking, as a way of obtaining a second car space? The unit has one car space but the owners have two cars.
Answer: Residents are unable to park in visitor car spaces.
If the disabled car space that they are referring to is a visitor car space, then no, residents are unable to park there.
Having a certain number of visitor spots for a scheme is a requirement of the local council, and they are for the sole use of visitors to the complex.
Residents using the visitor spaces themselves would not be abiding by the strata parking allocation and would be in breach of the body corporate bylaws.
Kelly Borell
Tower Body Corporate
E: [email protected]
Ph: 07 5609 4924
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
This post appears in Strata News #102.
Have a question or something to add to the article? Leave a comment below.
Read next:
- QLD: Q&A The First rule of Visitor Parking in Apartments – umm, it’s for visitors!
- QLD: Q&A I Don’t Live Here. I’m Only Visiting…Every Night
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A passerby with or without a disability sticker is not entitled to park in any bay in strata scheme just so that they can go shopping over the road.
If they have no business being on the strata property then they are a Trespasser.
A disability sticker is not a free pass to trespass, i think the emphatic person was having a lend of you.
The shopping center over the road should have their own disabled bays.
Can our body corporate allow elderly people over 75 yrs of age, or people with small children under 5, who are visitors, to park in the Disabled Car Park if the visitor park is taken?? In Queensland.
Hi Ross,
My understanding is the disability sticker only gives you rights on public roads and not in private complexes. Private car parks can set their own terms and conditions.
Kelly…hi, and thank you for this advice.
I gather from your advice that there are two separate tests re use of Visitor’s Disability Carparks ie they have to be a Visitor, and they have to have a Disability Sticker. To put it plainly:
1. These carparks are for VISITORS NOT RESIDENTS, even when the Residents have Disability Stickers, whether for long-term or short-term parking.
2.They are for VISITORS NOT PASSERSBY, even when the Passerby has a Disability Sticker.
The reason why I raise this is that I’ve had it explained to me in quite emphatic terms, by someone with a Disability Sticker but with no connection with our complex, that they were quite entitled to use our complexe’s Visitor’s Disability Carpark whenever they wished to go shopping over the road, and for as long as they wished to park there.