The owners corporation can control parking on common property by using signage, security guards, key card systems or parking barriers.
Where owners can park
Owners and residents are only allowed to park in the spaces allocated to them. They cannot use parking for visitors or emergency vehicles. They should check that their lot entitlement includes a car space.
If there is no space, they can apply for a common property rights by-law which will allow them to park on common property.
Signs should state how long visitors can park in the visitors’ spaces. If there are no signs, visitors can park there for a reasonable time.
Parking in Strata by-laws
Most strata schemes have by-laws on parking. If they are breached, penalties apply.
- The owners corporation serves a notice on an owner or occupier to comply with the by-law being breached.
- If the by-law is breached after this, the NSW Civil and Administrative Tribunal can order a person to pay a penalty of up to $1,100.
- If the by-law is breached again within 12 months, the penalty can double (up to $2,200).
Council enforcement of parking
A council can provide a strata scheme with parking management services for a fee. This means council rangers can issue parking infringement notices just like they do on public streets. If someone disagrees with receiving a notice, they can:
- contact the council to dispute it, or
- have the Local Court deal with the matter.
Go to the Office of Local Government website to find out more about council parking agreements.
Dealing with vehicles blocking access
An owners corporation can move a vehicle that blocks:
- an exit or entrance, or
- the use of common property.
Before moving the vehicle, the owners corporation needs to provide notice in writing which includes:
- a description of the vehicle
- the date and time the vehicle will be moved from the common property if it is not moved or collected (not earlier than five days after the notice is placed on or near the vehicle), and
- contact details of a member of the strata committee, the strata managing agent, or a nominee of the owners corporation
- the date and time the notice was issued.
The notice must be at least A4 in size and weather-resistant.
The vehicle should be moved to another area of the common property or the nearest place where it may be lawfully moved.
The owners corporation can apply to the Tribunal to recover the moving costs.
© State of New South Wales (NSW Fair Trading). For current information go to fairtrading.nsw.gov.au