Car parking disputes- Adjudicators order.


Car parking is quite possibly one of the single, most hotly debated topics in strata. This contentious issue often presents many challenges to both residents and visitors alike.

The five most common complaints are: 

1.)   Someone has parked in your privately owned car park.

2.)   Someone has parked in your allocated common property car park

3.)   Someone has parked too frequently in a visitor car park

4.)   Someone has parked in a place that is not a designated car park

5.)   Someone has parked over the allocated time for visitor car parking

Just last week, a dispute between an owner occupier and his body corporate was heard, and an order was handed down by the Queensland Commissioner.

 The case arose when the occupier of one lot claimed that the occupiers of another lot, within the same complex, were using allocated visitor car parking spots for their own benefit. It was argued that this was in contravention of the community’s by-laws.

The apartments were part of a beach-front holiday complex, comprising of 12 lots with each lot allocated only one car space each. Additionally, there are six extra spaces designated for visitors. With owners using the visitor spaces for their multiple vehicles, it stopped legitimate visitors from having anywhere to park. Being in a prime beach position, on weekends and public holidays, there was also little to no street parking available.

The applicant argued that the occupants using one or two vehicles in the visitor car spaces were in breach of by-laws, the council’s planning requirements and were causing nuisance and inconvenience to other residents.

So what was the order and how was this determined?

The application was dismissed on the following grounds: Commissioners decision

-It was agreed that the visitor parking was used unlawfully from time to time.

– It was considered to be more appropriate to make an order to the body corporate to take such positive and reasonable steps to ensure the by-laws of the scheme are known to and complied with by all owners and occupiers of the scheme.

-The body corporate must bear in mind that it is not able to grant occupiers permission to park in visitor car spaces.

– The body corporate may like to approach the local authority to see whether the number of designated visitor spaces can be varied in some way, for example, for dual usage, or general purpose.

-It was suggested that a submission could be made to the council to end this.

-This was to be considered as a suggestion only as the commissioner held no jurisdiction in this area.

Do you have any problems with parking in strata? Click here to ask an industry expert a question.

READ THE FULL ORDER IN DETAIL HERE 

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Recent Comments

7 Comments

m eccleston On July 31, 2013 | Reply

What an asolute copout What purpose does the adjudicator serve?

Steve Healy On October 6, 2016 | Reply

I’m buying a unit off the plan. My unit comes with two car parks.
I have been offered an additional two car spaces by the builder to do with as I wish.
I am the only owner/occupier.
What problems will I encounter if I rent them out? To tenants or commuters? The property is close to a train station.

    SSKB On October 10, 2016 | Reply

    Thank you for your question Steve. To give you the most accurate information, may we know which state the property is in, as rules may vary from state to state.

Joy taylor On August 27, 2017 | Reply

I have a man who parks in the visitor park next to my apartment, he is a resident and already has car parks. I left a note on his vehicle asking him not to park there and reminding him it is a visitors park, with a sign saying so. This man backs his vehicle into the park, it has exhaust fumes that fill my unit, giving me a headache. I asked him if he is going to park there coul he not back in. All was ok for 3 weeks. He has parked there again tonight, what should I do. This man also chased another residents cat and abused her. I’m recovering from surgery and am often not well.

    SSKB On August 30, 2017 | Reply

    Hello Joy,
    It would appear that this gentleman may be breaching the by-laws/rules. The best thing to do would be to contact your body corporate/owners corporation committee and advise them of the situation, so they can enforce the by-laws/rules.

Margaret On September 10, 2017 | Reply

I live in a complex that only has one car park for each unit and has 6 car parks for visitors but not sign posted. Can I park my car in one of these as they are all never taken up. I don’t want to park on the streets because of vandalism
What are my legal rights ?

    SSKB On September 12, 2017 | Reply

    Hello Margaret,
    If the By Laws within the CMS and survey plans identify them as Visitor Car Parking, occupiers cannot park their cars in the visitor car parks, they are for visitors only.
    You are breaching the By Laws if you park your car in the visitors car park and you risk the Body Corporate issuing you with a breach notice.

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