We’ve recently received a few questions from Queensland strata lot owners concerning strata parking allocation for disabled parking. Are disabled parking spots in QLD strata buildings reserved for people with a disability parking permit?
Table of Contents:
- QUESTION: If a QLD apartment block has a permanent disability parking space, can the apartment allocate it to one disabled person only or must the disability space be shared by other disabled people in the apartment block?
- QUESTION: Can our body corporate allow elderly people over 75 yrs of age or people with small children who are visitors to park in the disabled car park if the visitor parking is full?
- QUESTION: Can an owner with a disability parking permit in QLD use the disabled car space for permanent parking?
Question: If a QLD apartment block has a permanent disability parking space, can the apartment allocate it to one disabled person only or must the disability space be shared by other disabled people in the apartment block?
Answer: This issue can cause some confusion so it is worth clarify and marking the spaces clearly.
In addition to any disabled markings, the spot should either be designated as a visitor’s space or assigned to an individual lot.
If it is a visitor’s space, then you would expect it to be a shared space for disabled people using the building.
If it is assigned to one lot then the space is for the use of that lot only. It doesn’t matter if the lot owner is disabled – they can use the space how they want and the markings indicate that the space is suitable for disabled vehicles.
This issue can cause some confusion so it is worth clarify and marking the spaces clearly.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
This post appears in Strata News #479.
Question: Can our body corporate allow elderly people over 75 yrs of age or people with small children who are visitors to park in the disabled car park if the visitor parking is full?
Answer: This would depend on the terms of the body corporate’s development approval.
Todd Garsden – This would depend on the terms of the body corporate’s development approval which may set out the use of the disabled car park. I suspect it would not allow usage based on age – but rather disability.
William Marquand – Disabled parking spaces are designed for people with a disability. So, in QLD, unless a person using the space has a disability and relevant disability parking permit they shouldn’t park in those spots. There are state and national laws mandating this so it is not something that you can get around.
If you think the space could be better used then perhaps the committee could raise the issue with the council to see if it could be re designated.
This post appears in Strata News #449.
Question: Can an owner with a QLD disability parking permit use the disabled car space for permanent parking?
Can an owner with a QLD disability parking permit use the disabled car space for permanent parking, as a way of obtaining a second car space? The unit has one car space but the owners have two cars.
Answer: Residents are unable to park in visitor car spaces.
If the disabled car space that they are referring to is a visitor car space, then no, residents are unable to park there.
Having a certain number of visitor spots for a scheme is a requirement of the local council, and they are for the sole use of visitors to the complex.
Residents using the visitor spaces themselves would not be abiding by the strata parking allocation and would be in breach of the body corporate bylaws.
Tower Body Corporate
E: kelly.borell@towerbodycorporate.com.au
P: 07 5609 4924
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
This post appears in Strata News #102.
Have a question or something to add to the article? Leave a comment below.
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My office is in the base of a residential building. there is only one disabled car park for the entire complex. Our work place deals with many disabled persons but we are told by the management that they cannot use the disabled park as it is for residents and their visitors only.
Does anyone know the laws regarding this?
If an apartment block has a permanent disability parking space, can the apartment allocate it to one disabled person only, or must the disability space be shared by other disabled people in apartment block
Hi Jez,
I’ve answered your question in the above article.
Thanks
Will
A passerby with or without a disability sticker is not entitled to park in any bay in strata scheme just so that they can go shopping over the road.
If they have no business being on the strata property then they are a Trespasser.
A disability sticker is not a free pass to trespass, i think the emphatic person was having a lend of you.
The shopping center over the road should have their own disabled bays.
Can our body corporate allow elderly people over 75 yrs of age, or people with small children under 5, who are visitors, to park in the Disabled Car Park if the visitor park is taken?? In Queensland.
Hi Ross,
My understanding is the disability sticker only gives you rights on public roads and not in private complexes. Private car parks can set their own terms and conditions.
Hi Tower Body Corporate, and thank you for this advice.
I gather from your advice that there are two separate tests re use of Visitor’s Disability Carparks ie they have to be a Visitor, and they have to have a Disability Sticker. To put it plainly:
1. These carparks are for VISITORS NOT RESIDENTS, even when the Residents have Disability Stickers, whether for long-term or short-term parking.
2.They are for VISITORS NOT PASSERSBY, even when the Passerby has a Disability Sticker.
The reason why I raise this is that I’ve had it explained to me in quite emphatic terms, by someone with a Disability Sticker but with no connection with our complex, that they were quite entitled to use our complexe’s Visitor’s Disability Carpark whenever they wished to go shopping over the road, and for as long as they wished to park there.