This information guide is aimed at providing some clarity as to what to do when an owners corporation (OC) needs to deal with problem parking.
PRIVATE PARKING SPOTS
Whilst the issue of parking in a private car spot is with the individual lot owner, the best approach in finding a solution is to see if other owners have experienced the same, and then agree to practical measures to minimise future incidence. An example of this is restricting access to car park areas, and reissuing access every 24 months.
VISITORS PARKING OR OTHER COMMON PROPERTY AREAS
The use of visitor parking is a universal issue in strata and community schemes.
The new legislation allows for action if a vehicle blocks an entrance or exit, or otherwise obstructs the use of common property. Given that moving a private vehicle has other legal implications, it is recommended that an OC first place a removal notice on or near the vehicle, and then apply to Tribunal to make a direction.
Note that the following steps are to be considered when a vehicle is “abandoned”
REMOVAL NOTICE must:
- not be smaller than A4 in size, with date and time specified thereon
- be placed in a way, or be made of something, that weather will not impact
- clearly describe the vehicle. Strata Plus recommends that this includes; make & model of vehicle, registration plate details, colour of vehicle, where currently parked
- state that “if the vehicle is not moved from common property it will be removed on a [specified date]” which is not less than 5 days from the date of the notice
- contact details for member of the committee, strata managing agent, or delegate of the OC.
Apply to the Tribunal for an ORDER:
- for the owner to move the motor vehicle,
- to advise that if the vehicle is not moved, the OC will arrange and that the owner will pay the OC for the cost incurred of moving the vehicle.
A commercial agreement can be made with the OC’s local council to give them control over visitor parking. The Agreement is to be approved by special resolution of the OC.
The Director-General establishes the guidelines to be followed by councils for such arrangements, including templates for such Agreements. Considerations in the Agreement include:
- allowing for the erection of a notice or sign on common property by Council
- what will be on the notice/sign: time when can use, maximum periods of usage, disability parking
- WH&S responsibilities remaining with the OC
- the issuing of penalty infringement notices by council
Given that in NSW it is deemed illegal to clamp or tow a vehicle without the consent of the owner, we encourage OCs to consider the following options:
- Create an initial notice to be left on the windscreen of the vehicle of offenders.
- Consider whether you wish council to inspect to see whether the parking complies with DA consent.
- Physical access restrictions such as boom gates, bollards, and access card or key arrangements.
- Installing surveillance equipment to provide clear evidence on misuse of the parking.
- Consider creating or amending a parking by-law that gives due consideration to other laws so that it can be enforceable.
Section 125 & Schedule 4.16 of the Strata Schemes Management Act 2015 & Clause 34 of the Regulation has been referenced to provide you with the information above.