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.
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