Help, My Body Corporate Parking is a Problem
Parking for residents and their guests is a perennial problem for Body corporate dwellers.
Parking in accordance with your lot title
The title to your lot will identify any space for which you have exclusive ownership, usually for the purpose of parking your car(s). Sometimes, this may be for more than one carspace and sometimes the allocations will vary across the Body Corporate depending upon the lot. These allocations may not be changed without significant time, effort and expense by the Body Corporate.
Parking in regulated parking areas
The by-laws of the Body Corporate will very likely have a rule regarding parking on common property. In Queensland, the by-laws are recorded on the Community Management Statement of the Body Corporate. Unless modified by the Body Corporate, the default by-law regarding parking in the Queensland legislation is –
- (1) The occupier of a lot must not—
- (a) park a vehicle, or allow a vehicle to stand, in a regulated parking area; or
- (b) without the approval of the body corporate, park a vehicle, or allow a vehicle to stand, on any other part of the common property; or
- (c) permit an invitee to park a vehicle, or allow a vehicle to stand, on the common property, other than in a regulated parking area.
- (2) An approval under subsection (1)(b) must state the period for which it is given.
- (3) The body corporate may cancel the approval by giving 7 days written notice to the occupier.
Early notification of the person infracting is the best policy. This might be done by leaving a note on the car, advising the car owner personally, or requesting the Body Corporate committee (Manager) to take action. Parking infractions on your car space(s) identified on your lot title are a ‘trespass’ issue and probably not a Body Corporate responsibility. Infringement of the by-law regarding the visitor parking is a Body Corporate responsibility. If they determine that there has been a breach of the by-law, they must issue a contravention notice or possibly a future contravention notice (when there is high expectation that reoffending may occur).
Taking it further
In Queensland, if a contravention notice is not complied with, proceedings may be started in the Magistrates court, or through the Body Corporate and Community Management (BCCM) Dispute Resolution Service. Read a typical BCCM Adjudication case outcome with regard to visitor parking. With regard to the trespass of the lot owners car space, the lot owner would also have the right to initiate a dispute through the BCCM resolution service.
Perhaps you do not have a car or you have more car spaces than you need. Consider, renting your car space to the offender!