This article is about ways in which parking disputes can be managed in VIC Owners Corporations.
Parking disputes are one of the most common problems within Owners Corporations reported to strata managers. It can be immensely frustrating to have someone else park in your space or to see visitor spaces filled with resident cars. In large townhouse estates with internal roads, it is also common for residents to park along the sides of these roads which can have potentially lethal consequences as it can obstruct access for emergency services vehicles. This article sets out some of the ways in which parking disputes can be managed:
What rules are in place in relation to parking?
The Model Rules stipulate the below in relation to parking:
4.2 Vehicles and parking on common property
An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle—
- to be parked or left in parking spaces situated on common property and allocated for other lots; or
- on the common property so as to obstruct a driveway, pathway, entrance or exit to a lot; or
- in any place other than a parking area situated on common property specified for that purpose by the owners corporation.
If a car is parked in a way that breaches the Model Rules, the Owners Corporation will be able to issue the offender with a notice to rectify breach. If the behaviour continues after two breach notices have been issued, the matter may be taken to VCAT.
You can see that the model rules make no mention of visitor car parking or parking in private car spaces. Clause 4.3 of Schedule 1 of the Owners Corporation Act 2016 allows for the Owners Corporation to make rules regarding vehicles and parking on common property. This means that an Owners Corporation can make additional rules to manage these issues. It is worthwhile reviewing what rules your Owners Corporation has in place and looking into amending them if they are not adequate for your needs.
What other options are there for incorrect parking on common property?
Some Owners Corporations choose to change the environment to dissuade incorrect parking. A common solution is to install “no standing” or “no parking” signs in areas where residents routinely incorrectly park.
Another possibility, if you find that residents are often parking on common property lawns, for example, is to install plants in these areas or physical barriers. A more extreme solution would be to investigate creating additional visitor car parking at the property if there is sufficient space.
Finally, if poor parking habits are endemic at your Owners Corporation and nothing else has eased the problem, you may want to investigate entering a towing agreement. It is worth noting that the Owners Corporation may be considered liable for any damage to the car and further there may be consequences to not following the dispute procedure outlined in the Owners Corporation Act and rules. Towing is still a legal grey area and agreements should only be entered into after careful consideration and legal advice.
What if someone is parking in my private car space?
If your car space is on your title, it is your private property. If you find that someone else is parking in your space, you may want to contact your strata manager. If you know who is parking in your space or which lot they belong to, your strata manager may be able to have a word with them. However, as this issue relates to your private property, your Owners Corporation is limited in how they can resolve the issue.
In the first instance, you may want to leave a note on the car or approach them in a friendly manner as they may not realise they are parked incorrectly. If they persist in parking in your space, you may want to consider calling the police as they are trespassing on your private property.
Otherwise, you may want to put in an official complaint to your Owners Corporation Manager. It is recommended that you ensure you have sufficient evidence (such as photos or a log of the times). Once a complaint is received the Owners Corporation may decide to hold a grievance meeting to discuss the matter. The Owners Corporation may decide to issue a breach which will provide the offender with 28 days to rectify the issue. If the behaviour persists, the Owners Corporation can issue another 28-day notice. Once this is issued, the matter can then be taken to VCAT if it persists.
Finally, some owners choose to install collapsible bollards in their space to prevent others from parking there. It is worthwhile noting that you will need the approval of the Owners Corporation before you go ahead with an installation such as this as it will alter the external appearance of the property. If you are on a strata committee and this is a recurring problem, you may want to consider coming up with an approved contractor and style of bollard for your Owners Corporation.
Read next:
Alex Smale
Owners Corporation Manager
The Knight
Email
This post appears in the February 2021 edition of The VIC Strata Magazine.
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I bought my home with body corp attached. I park next to my home in front of my garage & not impeding any neighbours. The neighbours are OK with this. I have not seen any plans for parking in this spot & no signs. The body corp have now told me that I am not allowed to park here & I will be towed. This has shattered me. I a hoping on speaking to a solicitor. The body corp have now stated its a turning pad after I told them I haven’t seen paperwork or signs with no parking. What can I do
Hi June
This article should assist: VIC: Courtyards and car spaces – Do you have the legal right to use them?
There are two occupants in our apartment building that regularly park in the two visitor parking spots. One is an owner, the other is a renter.
The below notice was recently:
(x vehicle) has been parked in visitor parking continuously long term. This is in breach of the Owners Corporations model rules:
4.2 Vehicles and parking on common property
An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle—
(a) to be parked or left in parking spaces situated on common property and allocated for other lots; or
(b) on the common property so as to obstruct a driveway, pathway, entrance or exit to a lot; or
(c) in any place other than a parking area situated on common property specified for that purpose by the owners corporation.
Please ensure you and your guests are parking in appropriate parking spaces for long term, allowing residents and visitors access to this this car park for the short term.
My question is how can this be further enforced and what is defined as short vs long-term parking?
Our owner’s corp advises residents to “please ensure you and your guests are parking in appropriate parking spaces for long term, allowing residents and visitors access to this this car park for the short term.”
What is the generally accepted definition of short term vs long term parking, and how can we enforce these definitions?
(VIC location)
What about when you have title to a your car park and someone completely random parks in your spot because it is accessible to the street? they will probably have done this because they can’t find a place to park on the street which means that the person who owns the park won’t be able either? Is it legal to get the offending car towed away?
I am not talking about a visitor or another person that lives in the complex but a total random….someone for example visiting another nearby complex.
Our complex has 70 car parks and 100 units we use ours 6 months of the year and told only allowed to use the body corp common parking while in house as the other units are rented out as holiday rentals we do not rent ours out so it doesn’t double up on parking the apartment is in Queensland Port Douglas
Hi Graeme
Thanks for your comments. I’m a little unsure of your question. If you could explain the situation and your concern, we can see what we can do to assist. As this is a QLD and not Vic question, you may be best to submit the question via our Ask A Strata Question Page.
I’m new owner occupier and I’m now having issues with somebody parking in my lot that was allocated for me for my car or my support workers that help me with Disability’s.
I am not sure how to go around this now, as I have expressed the situation to the owners corporation only to be given a dead end situation. They have prior to me complaining issued a letter to everybody to advise where you’re parking bays are and should be for each owner or resident on the property of 17..
But we have a person that continuously his parking in different spots throughout the time that I’ve only been here a couple of months. I’ve had to contact the police and they don’t want to interfere as they can’t give you any information of who the car belongs to.. I do know it belongs to somebody in the property because I’ve seen them before in another spot walking away not realising that wasn’t their car spot to begin with.. I tried knocking on doors and not having much luck either. Unless I know who the person is directly, they will not pursue anything further.. so where does a person stand then can I have the car towed away or if I do such I will become a target. Is there any other information I can get from you regarding this situation so I can park my car safely in my spot again?. as this has been an issue before I even move to the property as well.
Hi Rocio
This Q&A should assist:
Question: Someone has been parking in my personal car park spaces for over a month. Our Building Manager refuses to assist. Who can help and how can I stop this person from parking in my space?
So what do you do to issue a breach notice if you don’t have an owner’s corporation. I’m 1 of 4 units and we are self managed. I’m having issues with tenants next door blocking the driveway. I’ve had to speak to them over 20 times but they don’t care and keep doing it or make up lies for excuses as to why the car is parked there.
Hi Sarah
The following response has been provided by Stratabase Holdings PTY LTD:
I must correct you – you do have an owners corporation. This was created when the plan of subdivision was registered. As such you are required to adhere to the Act, Rules and Regulations, regardless of whether you are self-managed or not.
Yours is an example as to why a professional and impartial manager is required to ensure good governance and transparency.
As an owners corporation you are bound be Part 8 section 139 – The Model Rules.
Further section 141 which outlines that all owners are required to adhere to the Model Rules.
Part 10 – Dispute resolution relates to how to manage your issue.
my neighour is the selfish one, they own Two car and park all on the vistior car park in front of my unit. All my friend come to visit there is no space to park. no idea where can find any help.
Visitor parking on common property
I own land aound my unit including an area off the common property. I would like to parky small camper trailer there. But nobody will lete put ant fencing up inside my property. Etc . Even though they have private fencing..