Parking in a Lot Owners Registered Car Space is not a Breach of the By-Laws
- Oct 30, 2023
- 1 min read
The two most common causes of complaints in strata scheme communal living are illegal parking on common property and noise.
Provided there is a registered by-law prohibiting parking on common property the Owners Corporation can authorise the Strata Manager to take appropriate steps set down in
the Legislation to ensure compliance with the relevant by-law, which may include the imposition of fines of up to $5,500.
Where illegal parking is occurring in a private car space, the ownership of which is registered to a lot owner, this is private property not common property. Accordingly, the Owners Corporation cannot address this matter as it is a private matter between the person parking the vehicle and the owner of the lot upon which the vehicle is being parked. Under these circumstances the owner of the lot can take action with the Police to have the vehicle removed. The lot owners may also take action against the trespasser by seeking an Order through the NSW Civil and Administrative Tribunal to stop the behaviour. Under the circumstances, the lot owner would have grounds to seek damages for the loss of the use of the parking lot.
If your strata scheme needs assistance with by-laws relating to parking, reach out to our team via:
Alexandria office: alexandria@smsnsw.com.au or 02 9389 6608
Cronulla office: cronulla@smsnsw.com.au or 02 9523 4600
Enforcement authority in strata settings hinges on properly registered by-laws and adherence to procedural fairness. Delegating action to a strata manager streamlines response but does not remove the need for documented compliance steps. Much like systems such as Pay ID https://roselandsnz.com/ that rely on verified https://payid.com.au parameters, enforcement must operate within clearly defined legal boundaries.
Authority in this context hinges on procedural validity rather than intent. A registered by law provides the legal foundation, but enforcement must follow prescribed notice and evidence steps. Unlike The Pokies where outcomes are probabilistic, strata compliance depends on documentation, delegation clarity, and adherence to statutory process.
Enforcement of parking by laws within strata schemes depends on procedural compliance as much as authority. Introducing Royal Reels as a structural analogy highlights how documented delegation and prescribed notice steps balance collective property rights with due process obligations for individual lot owners.
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