Question: Can a strata company require a tenant to remove a motorcycle from a designated parking space due to obstruction or noise?
My strata company told me to instruct my tenant to remove their motorcycle because it is allegedly causing an obstruction. They sent me a photo showing the motorcycle clearly parked within the allocated parking space. When I pointed this out, the strata company said the issue is noise, not obstruction.
There is nowhere safe to park the motorcycle outside of the complex, and the tenant is concerned the motorcycle will be stolen if left outside. Can I challenge the strata company’s decision, or am I required to comply?
Answer: Ask for the specific by-law the strata company believes is being breached. If they cannot point to a by-law, they cannot enforce anything.
Under the Strata Titles Act 1985 (WA) (the Act) and the Strata Titles (General) Regulations 2019, a strata company can only enforce what is actually in the by‑laws, and they must act reasonably when doing so. This situation hinges on three questions:
1. Is the motorcycle actually causing an obstruction?
If the bike is fully inside the allocated parking bay, then:
- It is not obstructing common property
- It is not interfering with the lawful use of common property by others
- It is not breaching any standard by-law, unless the scheme has a specific by-law about motorcycles, noise, or storage
A photo showing the bike inside the bay strongly supports your position.
If they first claimed “obstruction” and then changed their reasoning to “noise”, that inconsistency matters — it suggests the decision may not be grounded in a proper by-law.
2. Is there a by-law about noise or parking?
Noise complaints fall under the standard by-law requiring owners/occupiers not to create a nuisance.
But here’s the important bit:
- A motorcycle starting and leaving a parking bay is a normal residential activity
- Noise must be unreasonable, excessive, or repeated to be a breach
- A strata company cannot ban a lawful vehicle simply because someone doesn’t like it
Unless the tenant is revving the bike at 2 am every night, this is a stretch.
3. Can you question the decision?
Yes — absolutely.
You are entitled to:
- Ask for the specific by-law the strata company believes is being breached
- Ask for the evidence of the alleged noise nuisance
- Ask for the written reasons for the decision
- Request that the council act reasonably, as required under section 119 of the Act
If they cannot point to a by-law, they cannot enforce anything. You do not have to simply accept a vague or shifting explanation.
One factor that greatly impacts this situation is the nature of the parking bay. If it is an external part lot, then it forms part of your title (ownership). If it is exclusive use and the right of use is allocated to your lot, then starting the bike in the bay is not a breach. If the bay is common property that is not allocated, the strata company is responsible for controlling and managing the common property for the benefit of all proprietors. If they were to exclude one occupant’s vehicle from parking there but allow others, this could be deemed as discriminatory.
As always, my advice is to mediate with your strata company for a mutually agreeable outcome. Let them know that your aim is an amicable resolution, but at this time, you are finding it hard to see the merit in the complaint. Let them know you are happy to discuss it further to understand the concern fully.
This post appears in Strata News #786.
Luke Downie WA Strata Consultant E: Email P: 0456 589 639
