These Q&A are about strata parking problems in owners corporations. We’ve been asked about the number of visitor parking spaces required and how you can stop someone from parking in your car space, and money other problems that regularly occur in strata complexes.
Table of Contents:
- QUESTION: Someone has been parking in my personal car park spaces for over a month. Our Building Manager refuses to assist. Who can help and how can I stop this person from parking in my space?
- QUESTION: In our small 3 lot scheme we each have a parking space outside our garage, believed to be for our use. A new lot owner pointed out this is common property and cannot be used for parking. Is this correct?
Question: Someone has been parking in my personal car park spaces for over a month. Our Building Manager refuses to assist. Who can help and how can I stop this person from parking in my space?
Someone has been parking in my personal car park spaces for over a month. Our Building Manager will not assist as he states it’s not his job because my car spaces are private property as opposed to visitor parking spaces that are common property.
Should the building Manager be assisting me? If this isn’t his job, who can help? What can I do to stop this person from parking in my space?
Answer: The building manager’s responsibility, powers & function involve common areas only.
Unfortunately, the building manager is technically correct stating that it’s “not his job”, as strata managers should not interfere in private matters. His/her responsibility, powers & function involve common areas only. Although it would have been nice if some direction was provided by your manager.
Firstly, you need to determine who is parking in your car space. Is it another owner or a tenant living at the property? These situations can be resolved if both parties are willing to reason and openly discuss the matter together. If the initial discussion/s fail, the manager “could” (although under no obligation) try and reason with the offender, if it’s an owner, on your behalf and see if some resolution can be reached. If the person parking in your space is a tenant, their property manager (real estate agent) needs to be notified that a breach has occurred and the tenant needs to be instructed to remove their vehicle immediately. Alternatively, you may wish to discuss installing a no parking bollard with the committee as a last resort. A lockable bollard within your parking space will stop anyone parking where they shouldn’t.
Then of course there’s the legal option. This can be painfully lengthy, not to mention, costly. Ultimately, you need to decide whether it’s worth the exercise.
These situations are never ideal, but open communication is always a good place to start.
Wishing you a speedy resolution.
Please note that the information contained in this article is not legal advice and should not be relied upon as such. You should obtain legal advice or instructions before you take any action or otherwise rely upon the contents of this article.
Guy Garreffa StrataPoint E: guy@stratapoint.com.au P: (03) 8726 9962
This post appears in the July 2022 edition of The VIC Strata Magazine.
Question: In our small 3 lot scheme we each have a parking space outside our garage, believed to be for our use. A new lot owner pointed out this is common property and cannot be used for parking. Is this correct?
There are 3 separate strata villas on our block. We share a common driveway and each have a car space directly outside our private garage.
When we purchased the property, we were under the impression that these ‘private’ spaces in front of our parking garages were for our use. The additional parking space in front of my garage was one of the reasons I bought this unit.
Recently, a new owner purchased a lot in the property. The new lot owner states that no one is allowed to park in the space outside of our garages as it is common property.
Are we able to use these space as we see fit?
Answer: You should confirm your title/ownership boundary by referring to the plan of subdivision.
Boundaries of title and ownership are defined on the plan of subdivision.
It is recommended you confirm your title/ownership boundary by referring to the plan of subdivision.
If the area in front of the garage is marked as common property and not marked as a designated car parking spot then unfortunately one cannot park there.
Stratabase Holdings E: info@stratabasemgt.com P: 0412 247 589
This post appears in the May 2022 edition of The VIC Strata Magazine.
Read next:
- What can an owners corporation make rules about? Vehicles and parking
- VIC: How Can an Owners Corporation Handle Incorrect Parking?
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Visit our Strata Parking OR Strata Title Information Victoria.
Visit Maintenance and Common Property OR Strata Topics by State pages.
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