Problem parking in Strata buildings

Problem Parking

Problem parking in strata managed property and shared areas

What can you do? This article provides some clarity to owners corporations (OC) on what to do with problem parking in owner spots or areas reserved for guests

PRIVATE PARKING SPOTS

Whilst the issue of parking in a private car spot is with the individual lot owner, the best approach in finding a solution is to see if other owners have experienced the same, and then agree to practical measures to minimise future incidence. An example of this is restricting access to car park areas, and reissuing access every 24 months.

VISITORS PARKING OR OTHER COMMON PROPERTY AREAS

The use of visitor parking is a universal issue in strata and community schemes.

SIGNAGE

Parking in a visitor space for a “reasonable time” creates subjectivity. As such some schemes ensure that the visitor parking signs state the time limit.

BY-LAWS

Your scheme may have a specific by-law to assist with parking matters. To minimise by-law breaches we recommend

COUNCIL CONTROL

A commercial agreement can be made with the OC’s local council to give them control over visitor parking. The Agreement is to be approved by special resolution of the OC, noting that this a fee for service arrangement. The office of Local Government provides a Fact Sheet for such agreements.

ABANDONED VEHICLE

If it is reasonable to believe that a vehicle has been abandoned on common property, then the rules set out in the Uncollected Goods Act 1995 apply. The Personal Property Securities Register (PPSR) is a national online register. A PPSR search has a nominal cost and will confirm whether the vehicle has been stolen. If the vehicle is stolen then your scheme has information to contact the police.

It’s important to note that a receiver cannot dispose of a motor vehicle unless they have obtained the required Certificates from the Commissioner of Police and the Personal Property Securities Register.

PRACTICAL CONSIDERATIONS

In NSW it is deemed illegal to clamp or tow a vehicle without the consent of the owner. As such we encourage owners corporations to consider the following options:

If you have any questions, simply contact your Strata Plus strata manager.

The Strata Schemes Management Act 2015 & Regulations no longer have specific sections or clauses referencing vehicles.

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