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Parking in a body corporate
Parking issues can cause a lot of conflict within a body corporate. From parking in visitor spots to parking in someone else’s assigned spot, parking-related disputes are common.
As a resident within a body corporate, it’s important to know your rights and responsibilities regarding parking. In this article, we’ll discuss the common issues that arise when it comes to parking in body corporate schemes and how you can resolve them.
The regulation of parking on common property or in visitor spots falls under the jurisdiction of a body corporate. Owners and occupiers are allowed to park on common property as long as it adheres to the by-laws that are registered for the scheme
To find out if your body corporate has any parking by-laws, you would need to check your community management statement (CMS). If an owner or occupier parks on the common property without approval or if they don’t park in a regulated parking area, the body corporate can take steps to enforce the by-law.
Who is responsible for parking disputes?
In many cases, the body corporate has by-laws that prohibit residents from parking outside of their designated parking areas. However, these by-laws are not recognised by the local council. This means that the responsibility of resolving any parking disputes falls on the body corporate committee.
Resolving a parking dispute is not as simple as issuing fines or towing illegally parked cars. Body corporates don’t have the same rights as local councils in terms of towing or issuing fines. There are strict rules surrounding these actions, often ruling them out as options entirely.
Enforcing parking by-laws
The body corporate has the responsibility of enforcing the parking by-law, and they have several methods to do so. They can issue a contravention notice, write an informal letter or give a warning to the owner or occupier. If you park on the common property without permission or in a parking spot that is not regulated, the body corporate will enforce the by-law to ensure compliance.
The body corporate can give two types of by-law contravention notices to offending owners or occupiers:
1. Continuing contravention notice
If the body corporate believes that you are in breach of the by-laws and continue to breach the by-laws, it can give you a continuing contravention notice (BCCM form 10). For example, if you continuously park your car in the visitors’ car park space, that may be a continuous contravention of the by-law. The continuing contravention notice would require you to stop the breach within a specific time.
2. Likely future contravention notice
If the body corporate believes that you have breached the by-law and the contravention is likely to be repeated, you may be issued a likely future contravention notice (BCCM Form 11). For example, if you periodically park on the common property without approval from the body corporate, a future contravention notice may be issued. The future contravention notice remains in effect for a period of three months or a lesser period if stated on the notice. If you breach the by-law again during this period, the body corporate can take further action.
It’s crucial for residents to understand their rights and responsibilities when it comes to parking in a body corporate. By familiarising yourself with your body corporates by-laws and by working closely with the body corporate committee, parking-related can be prevented. As with any shared space, communication and co-operation are key to maintaining a positive and respectful community.
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