These Q&A are about strata parking problems in owners corporations. We’ve been asked about the number of visitor parking spaces required and how you can stop someone from parking in your car space, and money other problems that regularly occur in strata complexes.
Table of Contents:
- QUESTION: Someone has been parking in my personal car park spaces for over a month. Our Building Manager refuses to assist. Who can help and how can I stop this person from parking in my space?
- QUESTION: In our small 3 lot scheme we each have a parking space outside our garage, believed to be for our use. A new lot owner pointed out this is common property and cannot be used for parking. Is this correct?
Question: Someone has been parking in my personal car park spaces for over a month. Our Building Manager refuses to assist. Who can help and how can I stop this person from parking in my space?
Someone has been parking in my personal car park spaces for over a month. Our Building Manager will not assist as he states it’s not his job because my car spaces are private property as opposed to visitor parking spaces that are common property.
Should the building Manager be assisting me? If this isn’t his job, who can help? What can I do to stop this person from parking in my space?
Answer: The building manager’s responsibility, powers & function involve common areas only.
Unfortunately, the building manager is technically correct stating that it’s “not his job”, as strata managers should not interfere in private matters. His/her responsibility, powers & function involve common areas only. Although it would have been nice if some direction was provided by your manager.
Firstly, you need to determine who is parking in your car space. Is it another owner or a tenant living at the property? These situations can be resolved if both parties are willing to reason and openly discuss the matter together. If the initial discussion/s fail, the manager “could” (although under no obligation) try and reason with the offender, if it’s an owner, on your behalf and see if some resolution can be reached. If the person parking in your space is a tenant, their property manager (real estate agent) needs to be notified that a breach has occurred and the tenant needs to be instructed to remove their vehicle immediately. Alternatively, you may wish to discuss installing a no parking bollard with the committee as a last resort. A lockable bollard within your parking space will stop anyone parking where they shouldn’t.
Then of course there’s the legal option. This can be painfully lengthy, not to mention, costly. Ultimately, you need to decide whether it’s worth the exercise.
These situations are never ideal, but open communication is always a good place to start.
Wishing you a speedy resolution.
Please note that the information contained in this article is not legal advice and should not be relied upon as such. You should obtain legal advice or instructions before you take any action or otherwise rely upon the contents of this article.
Guy Garreffa
StrataPoint
E: guy@stratapoint.com.au
P: (03) 8726 9962
This post appears in the July 2022 edition of The VIC Strata Magazine.
Question: In our small 3 lot scheme we each have a parking space outside our garage, believed to be for our use. A new lot owner pointed out this is common property and cannot be used for parking. Is this correct?
There are 3 separate strata villas on our block. We share a common driveway and each have a car space directly outside our private garage.
When we purchased the property, we were under the impression that these ‘private’ spaces in front of our parking garages were for our use. The additional parking space in front of my garage was one of the reasons I bought this unit.
Recently, a new owner purchased a lot in the property. The new lot owner states that no one is allowed to park in the space outside of our garages as it is common property.
Are we able to use these space as we see fit?
Answer: You should confirm your title/ownership boundary by referring to the plan of subdivision.
Boundaries of title and ownership are defined on the plan of subdivision.
It is recommended you confirm your title/ownership boundary by referring to the plan of subdivision.
If the area in front of the garage is marked as common property and not marked as a designated car parking spot then unfortunately one cannot park there.
Stratabase Holdings
E: info@stratabasemgt.com
P: 0412 247 589
This post appears in the May 2022 edition of The VIC Strata Magazine.
Read next:
- What can an owners corporation make rules about? Vehicles and parking
- VIC: How Can an Owners Corporation Handle Incorrect Parking?
Have a question or something to add to the article? Leave a comment below.
Visit our Strata Parking OR Strata Title Information Victoria.
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I live in the corner unit on a block of 12 units, and my neighbour’s car is extra long and (in my opinion) doesn’t allow for me to reverse safely into my drive. They insist they are not obstructing my drive. Where can I find out more information on whether I’m within my right to officially make a complaint, I’ve shown them several pictures of how much their car sticks out into my drive, but to no avail.
A problem we are having is Residents are driving large SUVs and these cause problems for other residents whose parks are beside them.
Owners/Landlords should not be allowed to let apartments without considering the type of vehicle the new resident drives.
Our parks are only 2.29 meters wide and this is not enough when all parks are occupied.
We have a guest trade park in centre but this is for guests and trades. But owners tell their tenants to park there!.
Hi,
I regularly visit or stay with my partner who lives with his mother in commission government housing units.
There are only 4 visitor spaces to park for over 10 units to utilise and leaving my car on the street is no longer an option as it has been broken into multiple times.
I do not live at this address full time and only ever visit for maybe a month at a time. We have received letters saying if the cars are still being parked there we will be breached (assuming this meaning the contract will be breached and can be evicted). There are other cars that use these parks regularly that do live within the units.
I am unsure if i constitute as a visitor or not. Is there a time frame where you can stay at a place of residence but are not considered a tenant?
Any advice would be greatly appreciated, i do not want to cause any problems for their contract to live here.
Thanks,
Beth
Hi Beth
We deal specifically with issues relating to strata properties and are unable to assist with your question as it is outside the scope of this ste.
I have tried to mediate with our committee but unfortunately there is one particularly person who is so narcissistic and causes a lot of issues. I have offered to buy the one spot outside my garage door that goes into straight in to garage and does not affect anyone else access or common property. I even offered to pay to get driveway solar lights installed which would benefit the whole estate as we have none and it is very dark and dangerous. There are some people who have nothing better to do with there’s time then to upset others
Hi
I live in a unit complex made up of 26 free standing units.
Most have 2 car spaces avalible out the front of there dwellings. mine, unfortunately, does not and we have three adults with three cars.
one takes up the car spot out the front and the other two have to use the available visitor car spaces and there have been complaints to the body corprate.
I have tried to provide solutions. we can park on the grass and was told no
we can remove some of our garden areas, pave it over so we have space to park two cars and again we were told no
the complaints are becoming unreasonable as we have more than 25 car spaces for visitors all in different areas so every unit has access. but at most and i have checked 8 spots have been filled at any given time this includes morning, afternoon and night,
this number goes up to 12-15 over the weekend leaving half the spots empty yet still people complain.
if you can give me any advice it would be most appreciated
Thank you
Katherine
Hi Katherine
I’m sorry I can’t answer this direct question for you as such as I am in a similar situation to you hopefully we can both find a suitable answer
Kylie
Hi Katherine,
The Model Rules which apply to your Owners Corporation do not allow lot owners to leave vehicles in visitor car spaces as these are located on common property. You may also wish to review the Special Rules (if applicable) of your Owners Corporation as they may have additional rules surrounding visitor parking.
You may want to consider approaching other owners and seeing if they would consider leasing their car space to you (if they have unused spaces).