When it comes to shared parking spaces and dealing with parking on common property, owners corporations and strata managers have often struggled. While most property owners and residents abide by the by-laws or building rules, others may be oblivious if they are new to the building or if they are guests.
We’d like to highlight some pertinent information as parking remains an ongoing headache for schemes across the state.
Fair Trading and your owners corporation are both valuable sources of information for any strata related inquiry.
Where owners can park
Owners and residents are only allowed to park in the spaces allocated to them. They cannot use parking for visitors or emergency vehicles. They should check that their lot entitlement includes a car space.
If there is no space, they can apply for a common property rights by-law which will allow them to park on common property.
Visitor parking
Signs should state how long visitors can park in the visitors’ spaces. If there are no signs, visitors can park there for a reasonable time.
A local council can help police visitor parking with parking management services.
Parking by-laws
The owners corporation can control parking on common property by using signage, security guards, key card systems or parking barriers.
Most strata schemes have by-laws on parking. If they are breached, penalties apply.
- The owners corporation serves a notice on an owner or occupier to comply with the by-law being breached.
- If the by-law is breached after this, the NSW Civil and Administrative Tribunal can order a person to pay a penalty of up to $1,100.
- If the by-law is breached again within 12 months, the penalty can double (up to $2,200).
Council enforcement of parking
A council can provide a strata scheme with parking management services for a fee. This means council rangers can issue parking infringement notices just like they do on public streets. If someone disagrees with receiving a notice, they can:
- contact the council to dispute it, or
- have the Local Court deal with the matter.
Towing a car
From 1st July 2020, new laws regarding the disposal of goods abandoned on the common property came into effect. Please click here to find out more.