Parking Disputes - SSKB - Strata Managers | Community Experts

Parking Disputes

There are several issues that frustrate residents in owners corporations, and one at the top of the list is PARKING!  No residents are permitted to park on common property without the permission of the owners corporation.  Parking is not normally permitted on the grass at the front of the building or in spaces allocated to other residents.  If a resident and their family have two cars they would like to park in the complex but they have only one car space allocated to them, the second vehicle must be parked on the street and adhere to the local authority rules and regulations. If someone has parked illegally, or against the by-laws, you cannot legally tow or clamp the vehicle, or block the vehicle.  A vehicle owner would be within their rights to claim damages from the owners corporation should damage be caused to their vehicle due to illegal towing.

The best way to resolve parking issues is to ensure everyone is aware of the rules!

  1. Ensure a by-law has been established that prohibits an owner or occupier parking or leaving a vehicle on the common property other than in an area designated as a parking space. Ensure all residents receive a copy of the by-laws.
  2. Signage at the point of entry and marking appropriate spaces as ‘visitors only’ is recommended.
  3. The owners corporation must advise residents that breaching any by-law that applies to parking is unacceptable in any circumstances. Depending on the degree of non-compliance, this may involve:
    1. a letter to the individual resident and/or lot owner entitled to the car space allocated on the strata plan;
    2. issuing a formal breach notice; or
    3. formal dispute resolution procedure as set out in the owners corporation rules.

If the scheme has a strata manager appointed, they can usually assist in managing the process with guidance and instructions from the executive committee.

Please remember that living in a strata community involves consideration for your neighbours, and parking only in your correct allocated space will assist to achieve harmony with your fellow residents.

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