Do’s & Don’ts: What to do when a parked vehicle is causing an obstruction on common property

Parking on common property without consent has been a problem for years. The new legislation introduced for New South Wales in November 2016 attempts to address this problem.

The owners corporation can move a vehicle that obstructs certain areas of common property, or enter a parking agreement with the local council.

Do:

  • Issue a removal notice at least five days before moving the vehicle
  • Make sure the notice is no smaller than an A4 sheet of paper, and safe from weather damage
  • State the date and time of issue on the notice
  • State on the notice that the vehicle will be removed
  • Provide contact details on the notice for a member or manager of the strata committee, or another delegate of the owners corporation
  • Move the vehicle to another part of common property, or to the nearest place to which it may be lawfully moved, or to a location where it no longer blocks an exit or entrance to common property

Don’t:

  • Move the vehicle without issuing a removal notice
  • Move the vehicle before the five days’ notice period has passed
  • Move the vehicle to an unsafe or unreasonable location

The owners corporation may apply to the Tribunal for an order to the owner of the vehicle to compensate for reasonable removal costs.

The owners corporation may also work with the local council to demarcate strata parking areas on common property. Unlawful parking can then be fined, with the council cleared to issue and collect said fines. This parking agreement must be approved by special resolution at a general meeting.

For useful tips on, managing building defects, window safety devices and the responsibilities of committee members download a copy of PICA Group’s Essential Guide to New South Wales Strata Legislation HERE.