The misuse of visitor parking continues to be a popular point of contention for owners and residents living in strata communities. With good, free parking hard to come by in Sydney, there’s always the temptation for residents with more than one vehicle to use visitor parking spaces for overflow, rather than pay or search for street parking further away from the building. Then there are the frequent or long-term visitors who use these spaces for days at a time, making it almost impossible for the occasional drop-in to find a park.
Neither of these scenarios is pleasant for those who need to use these visitor parking spaces. To limit these types of disputes, we want to help you understand the rules around strata parking, what you can do if you see someone misusing visitor parking spaces, and how the Owners Corporation can deal with repeat offenders.
What are the rules for strata parking?
Residents are only permitted to park in the space that has been allocated to their lot. Visitor parking spaces are considered ‘common property’, and just as you wouldn’t be able to park your car in the middle of a shared driveway, you aren’t allowed to park your car in these designated spaces. If your lot entitlement does not include a car space, you can apply for a common property rights by-law in order to use visitor parking spaces.
Parking spaces reserved for visitors can be used by anyone visiting the property. Although there is no official definition of what constitutes a “visitor”, there are ways you can ensure these spaces are used as intended. There should be clear signage outlining the use of visitor parking, which can include limits on how long a vehicle can be parked in a given space if a limit is included in your by-laws.
What if someone is misusing a visitor parking space?
Most strata schemes will have by-laws regarding parking. If a resident is using visitor parking spaces or preventing others from using these spaces, they will likely be in breach of these by-laws. Before things escalate, it’s always a good idea to try and preserve relationships by leaving a friendly note under their windscreen wiper pointing out their mistake – after all, it may have just been an honest mistake or a misunderstanding of the rules around visitor parking.
If a resident continues to use these spaces, the owners corporation can serve them a notice to comply with the by-law being breached. Any offence after this notice can result in a penalty of up to $1,100 by order of the NSW Civil and Administrative Tribunal, which can then double if another offence is recorded within 12 months.
How to avoid visitor parking disputes
A great way to avoid parking disputes is to make sure that resident and visitor parking spaces can be easily differentiated between. Adequate signage around each of the spaces designated for visitors should also clearly state the maximum time a vehicle can be parked in the space if your strata scheme has a by-law that caps how long they can be used. You can also include the process of dealing with parking disputes as well as the penalties that can apply if visitor parking spaces are improperly used. It is important to note that you cannot allude to or suggest the clamping, towing, or detaining of offending vehicles as these practices are illegal in NSW.
If the by-laws for your strata scheme don’t already cover visitor parking, it may be a good idea to update them – especially if you want to introduce limits on time, regularity, or any other rules regarding the use of these spaces. Once the by-laws have been updated, make sure you provide a copy to all owners and residents so that they can read through the changes in their own time. It may even be worth including a short buffering period to give everyone ample time to adjust to the new parking rules.
Have any specific questions about parking in strata?
The team at Strata Choice are no strangers to answering specific parking-related questions or dealing with parking disputes. As a long-standing pillar of the strata industry, we have an unparalleled understanding of strata living, and we can help you address issues like these quickly and effectively without damaging relationships. We believe that people are the most important part of any strata scheme, and we will work with you to achieve the best outcomes for all and improve your community living experience.
Contact us today to see how we can help you better manage parking on your property and more.