This article is about the OC stopping mobility scooters from using the parking.
Question: I’d like to park my mobility scooter in my car bay. Are there any strata rules in VIC that state the Owners Corporation can stop me from using my car bay for this purpose?
I use a small mobility scooter and I’m looking to purchase an apartment in Melbourne. My mobility scooter is my only means of transport. I would like to leave the scooter in my car bay with the battery removed. The Owners Corporation at one apartment block said this is not allowed under Strata Rules.
Could you please clarify if there are any Strata rules in Victoria that preclude this or if the Owners Corporation can stop me from using my car bay?
RECEIVE OUR REGULAR STRATA NEWSLETTERAnswer: Ask for a copy of the registered rules of your owners corporation to determine if there are rules in place that hinder you from parking your scooter in the parking bay.
It is prudent that you ask for a copy of the registered rules of your owners corporation to determine if there are rules in place that hinder you from parking your scooter in the parking bay.
If you determine that there are no registered rules in this regard and if your parking bay is private property, in our view based on the information that you provided, you could park in your parking bay. On the other hand, if the parking bay is common property, unfortunately, you will be bound by the decision that the committee makes on how the parking bay could be used, unless you have a written licence granted to you by your owners corporation to use the parking bay for that purpose.
Rochelle Castro RC & Co Lawyers E: law@rccolawyers.com P: 1300 072 626
This post appears in the December 2021 edition of The VIC Strata Magazine.
Have a question about the OC stopping mobility scooters from using the parking or something to add to the article? Leave a comment below.
EmbedRead Next:
Visit our Maintenance and Common Property OR Strata Title Information Victoria
Looking for strata information concerning your state? For state-specific strata information, take a look here.
After a free PDF of this article? Log into your existing LookUpStrata Account to download the printable file. Not a member? Simple – join for free on our Registration page.