A lot owner from QLD is wondering how to overcome residents using visitor parking in apartments. Frank Higginson, Hynes Legal provides the following response.
Question: I am just looking at how I go about reporting, or even whether I am able to do so, residents in my building using visitor parking in apartments almost every night. Two of our guest parking bays continuously taken by residents of units.
I am just looking at how I go about reporting, or even whether I am able to do so, residents (owner occupied and tenants) using visitor parking in apartments almost every night.
I am in Broadbeach. We have 5 underground guest parking bays, and two of them are continuously taken by residents of units. One resident even has two parking bays designated to them, yet uses one of their bays for storage and one for their first car, so the second car is continuously parked in the guest bay.
At times I have had family come to visit from Brisbane only to have them park a block over due to all five guests parks being used, yet two of them are resident’s cars and the same cars each time.
Who do I address my concerns about visitor parking in apartments to? There is even a sign above the guest bays stating parking by residents is in breach of bylaws.
I feel a strong warning could suffice from the appropriate committee, and possibly sent to every unit as to not single anyone out. Only to then follow up with possible prosecution if they continue to break the rules.
Answer: If someone is living in the scheme full time as an occupant they should not be using the visitor car parks.
The first rule of visitor parking is that it is for visitors. If someone is living in the scheme full time as an occupant (whether as an owner or tenant) then they should not be using the visitor car parks. Assuming that the body corporate has a lawful by-law in place to this effect then the committee MUST enforce it.
Committees do not have the choice about whether enforcing by-laws. They have a statutory obligation to do so. This would apply to the occupier parking in the visitor car park and potentially the storage in the exclusive use park (depending on the exclusive use by-law).
The occupant should request that the committee enforce the by-laws and lay out the evidence of the breaches. To be fair to the committee – they may not know this is going on. This can be gently in a letter but there is also a more formal process under the Act under which the occupant issues a form to the committee which they must act on.
If the committee ignores that then the occupant can take action themselves, but they must try the committee path first.
This post appears in Strata News #181.
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