Questions in relation to the ownership and use of car spaces, visitor parking spaces and storage spaces in residential strata scheme arise regularly and disputes do commonly occur in relation to the ownership and use of these spaces.
Sometimes there may be legitimate disputes in relation to car spaces, for example there have been issues where car spaces have not been marked up correctly, have been incorrectly transferred to another owner, or the by-laws are inconsistent or unclear. We can assist in resolving these issues.
However, often questions arise and disputes occur because someone does not properly understand how rights and obligations in relation to parking are governed in strata schemes. We have prepared this article to assist owners and occupiers in lots in relation to this.
Conditions of development consent
A good starting point is to note that often the conditions of development consent will specify how many car spaces, including how many visitor car spaces, need to be provided. Where this is specified it is important to note that the owners corporation cannot reduce the number of spaces without the consent of the council. It is always best to double check the car spaces in existence at the property comply with the conditions of development consent.
Registered Strata Plan
The next step is to obtain and review the registered strata plan. The strata plan will usually show the car spaces as either seperate lots (with unique lot numbers) or as part of another lot (with the same number as the lot the space belongs to).
So long as the registered strata plan complies with any relevant conditions of development consent, the registered strata plan is usually determines who owns the spaces and how they may be used.
Registered By-Laws
It is always important to obtain and consider the registered by-laws. Often by-laws are made which regulate use of the common property including providing owners the right to use designated areas of the common property for parking purposes.
Sometimes there are shared car spaces, or storage spaces, and the by-laws govern how these spaces can be used and places limitations on usage to ensure that owners do not take more than their fair share.
Additionally, the by-laws may regulate how car spaces can and cannot be used. For example, owners may be permitted to install a bollard to ensure no one else parks in their space. Alternatively, the by-laws may prohibit what can be stored in car spaces as there may be safety concerns.
Resolving problems
Most of the time issues or disputes in relation to car spaces are able to be resolved based upon the registered strata plan and registered by-laws. An experienced strata manager will generally be able to interpret these documents and issue notices to resolve issues.
Some of the most common problems which arise concern:
- Someone parking in someone else’s parking space.
- Parking on the common property and in a way which hinders or obstructs other owners.
- Storage of items which may present a fire safety concern.
- Using car spaces for business purposes to store stock or equipment.
- Excessive use of visitor spaces by owners or occupiers.
The most common dispute involves owners or occupants being unable to use their spaces due to others parking within the space without authorisation. This can be a particular problem when visitors (not an owner or occupier) or the general public are the offenders.
Parking is often a problem in commercial schemes. We have experienced problems relating to couriers and delivery trucks blocking the entrance into basements and carparks causing congestion and safety concerns.
There are strategies which can be adopted to address most parking problems. For example, the strata committee may issue a notice to comply with a by-law, signs or bollards can be installed, parking systems or barriers installed. In some cases surveillance cameras have been installed or security guards have been engaged. If the scheme has a building manager, sometimes the building manager can assist.
Taking action
We can assist you in relation to resolving parking issues. If you are affected by someone else parking in your space or blocking your space, we have strategies to procure the strata manager or strata committee issue a notice to comply with the by-laws. We can assist you in sourcing the evidence required to prove the breach. If the offender continues to breach the by-law, we can assist in bringing an application in the NSW Civil and Administrative Tribunal which could result in the offender being ordered to pay a penalty to the owners corporation of up to $1,100 for each breach.
Abandoned vehicles
There are specific laws which apply in relation to removing items which have been abandoned on common property. Here is a link to information published by NSW Fair Trading in relation to abandoned goods on common property.
How to acquire a strata space
Where a particular lot does not have a parking space or wants to acquire an additional parking space there is provision to do this formally under the Strata Schemes Management Act 2015.
In these situations it is best to identify the location of the space (to be acquired) and whether it is common property or a space which belongs to another owner. Legal advice should then be sourced on how best to acquire the car space. It is important to obtain legal advice as there are a few different ways to acquire a space and there is usually a requirement to pay compensation.
For example, one way to acquire a parking space on common property is to apply for a common property rights by-law. This will require the preparation of a by-law and a special resolution being made by general meeting to approve the by-law.
Call us now on 0404 045 605 for a confidential discussion about your parking issue. Alternatively you can get some insight on resolving disputes in dysfunctional strata schemes.
Information
The information provided in this article is general information only and should not be relied upon as legal advice or be used as a substitute for obtaining legal advice. The examples provided have been simplified to explain a particular issue and there are other factors which need to be taken into consideration. The specific circumstances relating to you impact upon your legal rights and obligations and personal legal advice based upon your circumstances should be obtained. This area of law changes frequently and the law may have changed after the time this article was prepared, up-to-date legal advice should be obtained.
