10 Apr Strata Parking – Rules and Regulations
Parking In Strata Title Properties
Parking of motor vehicles is becoming more of a problem with an increasing population having more motor vehicles and strata title properties are not immune to the problems of car parking. Strata parking rules are therefore important.
Some properties may not have any parking in which case only street parking is available and this may subject to council controls such as time limits and metered parking. There is also the apprehension of risk in parking vehicles on the street as these may be subject to theft or vandalism.
Parking within strata title properties, where available, are subject to various controls. Within a strata title property there may be parking:
- within an owner’s lot; or
- spaces which have been designated to particular members or their occupiers; or
for outsiders such as visitor parking (subject to visitor parking rules and regulations).
Do residents have parking spaces?
The plan of subdivision may create separate lots which are parking spaces. An owner will have the title to a particular parking space which the member owns and is not common property. Generally, the owner will use this will be by the owner or tenant or occupier for parking of a vehicle.
Some strata title properties do not have any parking, either as owners lots or on common property.
Is parking on common property permissible?
There may be parking spaces located on common property which can be allocated to members for use in a number of ways:
- a lease or license which has been approved by a special resolution (75% of members of the owners corporation) and these will be in writing with the agreed conditions set out to provide clarity of the arrangement;
- informal allocation without a lease or license which may have a plan setting out the allocation;
- be by agreement, which may incorporate historic practices, allowing the use of particular areas by specified members.
In the absence of permission to park, there is no right to park on common property even if there appears to be space to do so. Parking on common property without approval is simply not permissible.
Are there visitor’s parking spaces?
There may be parking space located on common property which are designated for the purpose of visitors.
How long can you park in visitor parking?
This is subject to the strata parking rules and regulations for the specific body corporate.
Can a resident use a visitor’s parking space?
Use of visitor’s parking spaces is for genuine visitors and not residents, therefore residents parking in visitors spaces is not permissible.
Are there always specific strata visitor parking rules?
Not always. If so, visitor parking strata rules are often signposted.
Can I park on common property?
There is no right to parking on common property in Victoria even if there is saturation parking on the street unless this has been approved by the owners corporation. That there is apparently space available does not give rise to a right to park in an area of common property not allocated to you.
Can a strata apply a fine for incorrect parking?
An owners corporation does have the power to impose fines. However, an owners corporation may enter a Private Parking Arrangement with the council which provides the council with the power to impose fines where there is parking on common property in contravention of the conditions imposed.
What are the rules regarding car parking?
The Model Rules which apply to all owners corporations prohibit parking the vehicle unless there is an emergency:
- in a common property parking space allocated to another lot;
- which obstructs a driveway, pathway or access to a lot;
- other than in a place specified for particular parking by the owners corporation
Can an owners corporation make its own rules regarding car parking?
An owners corporation make rules to control parking which can include:
- allocation of parking to a particular lot or lots;
- provision of visitors parking spaces;
- definition of a visitor.
How are these rules made?
Rules regarding car parking, as for any other rules, require approval by special resolution which is 75% all members are in favor and to take effect must then be lodged with the Registrar of Titles. If you have been experiencing strata parking problems and wish to suggest new rules, you will need to bring them before your owners corporation (we would advise considering how it will operate beyond “what do I do if someone parked in my spot?” so that it is clear how the new rule will operate).
Since strata parking can be subject to specific body corporate parking rules in Victoria, it’s important that they be made clear for everyone to understand, and be included in your body corporate by-laws for parking. Visitor car parking in body corporate usually has its own strata parking rules and regulations.
Can an owners corporation have a vehicle towed away?
An owners corporation does not have the power to authorise removal of a vehicle. If a Private Parking Arrangement has been entered into with Council, police may authorise removal of a vehicle if it is blocking entry or exit.
Can an owners corporation clamp a motor vehicle?
An owners corporation does not have the power to clamp or otherwise detain a motor vehicle parked on the common property.
Can an owners corporation impose a fine for unauthorised parking?
No. If the Owners Corporation takes action to enforce a breach of the rules in the Victorian Civil and Administrative Tribunal it could request the Tribunal impose a penalty but this is a discretion of the Tribunal. In other words, strata cannot fine you for parking.
What if something parks in my parking space?
Someone parked in my spot is a common issue – if the illegal parking is in a lot owned by an owner, the owners corporation does not have the power to deal with that parking infringement. If you know the party who parked the vehicle, you should approach them to discuss the matter and make explain it is your parking space. If you do not know who is using your parking space, you could leave a note on the vehicle and also ask neighbors if they are aware of the identity of the person.
That someone has parked in an unauthorised space does not give a right to park a vehicle in another space or on common property.
Can I do anything to prevent an unauthorised person park in my parking space?
An owner could consider installing a collapsible bollard to prevent unauthorised use of the parking space at their own cost. The consent of the owners corporation is required prior to the installation being carried out and then only on any conditions imposed by the owners corporation.
Can I use my parking space for storage of goods?
A parking space is for vehicles and should not be used for storing of goods and chattels. There may also be limitations on the planning permit for the property which prohibits the use of a parking space for other than vehicle parking. It must be recognised that goods left in a parking space can easily be stolen or damaged and the owners corporation is not responsible for any loss.