Question: An owner’s daughter is visiting and has parked in a visitor car park for five days and nights. Can we advise the daughter that she has parked in the space too long and must move? What is an unacceptable amount of time to park in visitor parking?
Answer: Queensland’s strata legislation does not define what a ‘visitor’ is, including the length of time they would need to stay to qualify as a visitor.
Queensland’s strata legislation does not define what a ‘visitor’ is, including the length of time they would need to stay to qualify as a visitor. It varies from case to case, and in the past, adjudicators have been asked to consider different circumstances to determine who might be a visitor and who may be an ‘occupier’. That distinction is important because while a by-law can be enforced against an occupier, that might not be the same for a visitor.
In your case, while someone might be parking for five nights, is that five nights per week, per month or per year? Is it happening all the time, or was it a one-off? Is she staying overnight or a couple of hours at a time? These are the factors that need to be considered.
You’d also need to consider what your by-laws provide for and what development approval might be in place from Council in relation to visitor parking.
This post appears in the February 2024 edition of The QLD Strata Magazine.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898