QLD: Q&A Body Corporate Rules for Cars on Common Property

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This Q&A about body corporate rules for cars on common property in QLD has been answered by Hayley Gath, Mathews Hunt Legal.

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• QUESTION: We have an owner who drives a truck into the common property. The truck runs over edging and damages plants on the way in and out of the complex.
• QUESTION: My car was parked in visitor parking because access to my property was blocked due to tree cutting. Someone backed into my car. Is the body corporate responsible?
• QUESTION: Two out of our three lot owners would like permission to park on common property. As we are a majority, do we need approval from the other lot owner?
• QUESTION: What are the rules about washing your car in your car park or on common property? Should there be a designated area for car washing?

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Question: We have an owner who drives a truck into the common property. The truck runs over edging and damages plants on the way in and out of the complex.

We have an owner who drives a truck classed as a heavy vehicle onto the common property area every weekday for up to a few hours.

Residents are fed up with the noise of the vehicle and the fact that the truck runs over edging and damages plants on the way in and out of the complex. The truck is reversed (with loud beeping) into a spare area just outside the residents unit. We are also concerned this heavy vehicle is damaging our concrete roadway as we have several patched areas now crumbling.

Other than a breach (as the truck is only there for a portion of the day), is there something about heavy vehicles not being allowed unless delivering?

Answer: Given that the truck has damaged the roadways, it is likely to have breached the schemes by-law.

Given that the truck has damaged the roadways, it is likely to have breached the schemes by-laws (e.g. damage to common property). The body corporate can (depending on the wording of its by-laws) issue a contravention notice in relation to the damage that has already occurred (assuming that the body corporate has not rectified the damage).

Regarding the loud beeping and other noise of the vehicle, this is likely to breach nuisance related by-laws of the scheme, as well as s.167 of the BCCM Act as it appears the noise unreasonably interferes with the use of lots and common property, and is recurrent. The body corporate can (depending on the wording of its by-laws) issue a contravention notice in relation to the nuisance and also notify the owner that the Body Corporate believes they are also breaching s.167.

If the damage is not rectified and/or the nuisance continues, the body corporate can take the matter to the Commissioner’s Office.

By-laws can only impose an absolute prohibition on vehicles over a specified weight limit using common property roadways if there is a reasonable basis for the limit, e.g. an engineer has advised that vehicles over a certain weight will damage the common property.

This post appears in Strata News #383.

Question: My car was parked in visitor parking because access to my property was blocked due to tree cutting. Someone backed into my car. Is the body corporate responsible?

My car was parked in visitor parking because access to my property was blocked due to tree cutting.

On returning to my vehicle I notice someone had backed into my car, leaving a dent in my passenger door and scratches all down the left side.

Who is responsible as it was parked on common property (visitors car park) because access to my property was blocked by the tree cutting?

Answer: A body corporate will generally only be liable for damage to personal property where that damage has been caused because of a contravention by the body corporate of the legislation.

A body corporate will generally only be liable for damage to personal property where that damage has been caused because of a contravention by the body corporate of the legislation (for example, where damage has been caused by a body corporate’s failure to maintain its common property). Given that the damage was likely caused by bad driving rather than a breach by the body corporate, the property damage is not a body corporate issue.

However, you can still:

1. Report the incident to the committee or body corporate manager for discussion at the next committee meeting; or
2. request information from the committee in an attempt to identify the person responsible for causing the damage (for example, CCTV footage if it exists).

This post appears in Strata News #378.

Question: Two out of our three lot owners would like permission to park on common property. As we are a majority, do we need approval from the other lot owner?

I am a Lot owner in a Small Scheme Module Triplex in Queensland with a By-Law that prohibits owners and occupiers from parking or standing a vehicle on the Common Property at any time without the approval of the Body Corporate.

The Complex is managed by a Strata Title Company and there are two committee members myself and the owner of Lot 2.

I would like to seek Committee approval for one parking space in front of the garage of each Lot for owner/occupier’s use.

The owner of Lot 3 has expressed to me that they would like to park in front of their Lot but they are not on the Committee.

The owner of lot 2 has been very difficult about this issue in the past and strictly oversees the By-Laws of the Complex to their benefit.

Can this lot owner unreasonable refuse, given that myself and the Owner of Lot 3 would really like to have the option to park in front of our Lots?

What other avenues would be available to me to get this passed?

Answer: Permission for each lot owner to park on the common property (in unallocated car parks) being included on a general meeting agenda requires an ordinary resolution, which would be achieved if you and the owner of lot 3 both voted in favour of the motion.

The Committee must act reasonably in its decision making, including in relation to requests by owners.

However, a decision for all three lots owners to have designated parks on common property would be a restricted issue for the Committee.

You may wish to consider submitting a motion to be considered at the next general meeting which proposes that all three lots be entitled to park a vehicle out the front of their lot within specific areas to the exclusion of all others.

A motion for exclusive use requires a resolution without dissent (no ‘no’ votes) and the consent of all affected owners. If the owner of lot 2 was the only lot who voted against the motion, you could challenge their opposition to the motion by an application to the Commissioner’s Office.

Alternatively, permission for each lot owner to park on the common property (in unallocated car parks) being included on a general meeting agenda only requires an ordinary resolution, which would be achieved if you and the owner of lot 3 both voted in favour of the motion.

This post appears in Strata News #371.

Question: What are the rules about washing your car in your car park or on common property? Should there be a designated area for car washing?

Answer: Some bodies corporate have by-laws regarding the washing of cars

Some bodies corporate have by-laws regarding the washing of cars in car parks or on common property, which can be found in the community management statement.

It is common for the by-laws to prohibit an owner or occupier from parking or standing a vehicle on common property without prior approval. If this is the case, and to be cautious, approval should be obtained from the Committee to park your car on common property for car washing purposes.

As regards washing your car in your car park:

1. if the car park has been allocated to your lot as exclusive use, then the relevant exclusive use by-law (in the community management statement) will state whether there are any restrictions on how the car park can be used. In our opinion, a car should not be washed in a basement car park as it is likely to cause a hazard; and
2. if the car park forms part of your lot (i.e. is on title), there may still be by-laws which apply (such as not causing a hazard). However, generally a by-law prohibiting the use of a lot for a normal use (such as for car washing) will be invalid.

There is no requirement to have a designated car washing bay. If a particular scheme is required to have a designated car washing bay, the requirement will be contained in the local authority development approval for the scheme.

This post appears in Strata News #362.

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Read More:

• QLD: Q&A Can a Lot Owner Convert Their Garage into a Bedroom?
• QLD: Q&A Purchasing Exclusive Use Common Areas
• NSW: Q&A Strata Obliged to Supply a Common Area Water Tap?

Hayley Gath
E: [email protected]
W: Mathews Hunt Legal

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