Driving home from a long day of work to find someone else has parked their car in your parking spot or inviting guests over only to find other residents have taken the designated visitors’ parking is far from pleasant. Unfortunately, these problems can be common in strata, owners corporation, and body corporate settings, leading to community disharmony.
Whether the issue is a visitor parking in a resident’s spot, an object blocking an entry, or an illegally parked car on common property, it is phenomenal how something so seemingly simple can become a constant cause of irritation.
If you’ve encountered parking issues, you’ll be happy to know there are steps you can take to resolve this issue and prevent it from occurring in the future.
Before diving into solutions, it’s important to understand why parking disputes arise in the first place. Understanding these triggers helps committees tailor their approach to resolve current issues and prevent future occurrences. Common causes of strata parking disputes can arise from:
You may find that many owners and residents who don’t follow parking rules do so simply because the rules aren’t that obvious!
This is where signage can save the day. Ensure your strata property’s car park has ample signage differentiating personal and visitor parking spots. If the painted lines outlining allocated spaces have faded, it is best to have these repainted to avoid a free-for-all in the car park and maintain a system.
We suggest approaching the committee to consider consistent signage in the common areas for all spaces under a capital expense. Consistent signage will not only eliminate confusion but also ensure the outlook of the property isn’t jeopardised.
If the owners corporation or body corporate agrees to have new signage created, it’s a good idea to include the maximum period for which a vehicle may be parked within the visitors parking spots. Being proactive in this way may help prevent future parking problems in your community.
One of the simplest ways to prevent parking disputes is to create protocols to outline the rules for new owners, tenants, and visitors who may be new to apartment living and unfamiliar with the building’s by-laws or building rules. Without clear protocols and communication, they may unknowingly park in someone else’s spot, leading to unnecessary confusion or tension.
By-laws or building rules are guidelines that all owners and residents are obliged to follow. Updating your property’s parking rules may be a good idea if there are inadequate parking provisions. They should ideally cover where owners and visitors are allowed to park, any applicable time limits, and a process for dealing with these types of disputes. Furthermore, some properties may need to add or update exclusive-use by-laws or building rules that legally allow owners or residents to park within common property areas.
You must follow the correct procedures when updating your by-laws or building rules, as laid out in your state’s legislation. We recommend that you and your committee engage a qualified strata law specialist, such as Kemps Petersons Legal, to help with this process. Once the by-law or building rules have been updated, give all owners and residents a copy of the updates. This will allow them to read and abide by the rules around parking in your strata property and let their guests know where they can and cannot park.
Parking violations are often unintentional, especially when residents are unaware of specific rules. If you notice someone repeatedly breaking parking rules, starting with a friendly approach is best.
Consider leaving a polite note or having a respectful conversation to explain the rules and remind them that all owners and residents are expected to follow the by-laws or building rules. Clear communication can often resolve the issue without further escalation. However, if the offending vehicle occupies another owner’s designated parking space, this is typically considered a civil matter between the two parties. Responsibility for managing the space lies with the owner of the affected spot.
Engaging with the parties involved is essential to discussing the issue calmly and clearly. In many cases, mediation can help resolve issues without involving legal action. Owners corporations and body corporates can access guidance from strata managers or through government resources and mediation services below.
Documentation is important when managing parking issues. This evidence will be essential if formal enforcement or tribunal action becomes necessary, or if informal resolution methods fail. It is important to keep a record of:
If the behaviour continues despite informal attempts to resolve the issue, the strata committee or manager may issue a formal breach notice. This signals that the matter is being taken seriously and may prompt the offending party to reconsider their actions. Issuing a breach notice is not just about enforcement; it’s also about maintaining fairness and order within the community, ensuring that all residents are held to the same standards and that the shared spaces are respected. A breach notice should include:
The reality is that most residential buildings close to the city don’t provide enough parking for residents and visitors. If someone has breached by-laws or building rules by parking illegally, resolving the matter as soon as possible is essential to avoid encouraging bad behaviour.
If the dispute remains unresolved, formal dispute resolution may be necessary. Depending on your state, repeated breaches can lead to fines or legal action through the tribunal. Before escalating, it is important to ensure that all informal steps have been taken and documented, as tribunals typically expect parties to have made reasonable efforts to resolve the issue.
Another way strata properties can manage parking is by handing powers over to the local council for a fee. Council rangers will have the ability to issue parking infringement notices to residents who’ve parked illegally. Furthermore, your local police branch can be contacted if a vehicle is parked on the road and blocking a driveway. An officer may be able to contact the vehicle owner and instruct them to move the vehicle.
In New South Wales, the owners corporation has the authority to issue notices when someone breaches a by-law. If the issue isn’t resolved, they can request mediation or escalate the matter to the NSW Civil and Administrative Tribunal (NCAT), which can impose a fine of up to $1,100. The penalty may be doubled if the same breach occurs again within a year.
Vehicles that block the use of common property can also be removed with authorisation by the owners corporation. Section 125 of the Strata Schemes Management Act allows the strata committee to remove a vehicle obstructing common property. However, the process requires issuing a removal notice and waiting five days before acting. This method is best followed for long-term problems, such as when a vehicle has been abandoned. In addition, the owners corporation can cover costs by applying to the tribunal.
The Strata Schemes Management Act 2015 and section 650A of the Local Government Act 1993 allow owners corporations to agree with their local council for parking management services. This means the strata committee can approach their local council to patrol and issue fines for unauthorised parking in the strata scheme’s parking area.
In Queensland, parking rules are determined by the scheme’s by-laws. Schedule 4 of the Body Corporate and Community Management Act 1997 states that an occupier must not park a vehicle in non-designated areas unless they have received approval from the body corporate.
It’s always best to try to solve any issues by having a neighbourly conversation. The commissioner’s office classifies this as self-resolution. Owners or other residents can also issue a BCCM Form 1 notice to notify the body corporate of the by-law breach so that a contravention notice can be issued to the offender. If they still do not comply, the body corporate can take the matter to the Magistrate’s Court for a resolution via an adjudicator or apply for conciliation.
A last resort would be adjudication, but this process can only be put into motion if the Body Corporate and Community Management Act 1997 is in breach. The adjudicator’s role is to assess the application and submissions before making a decision. The Magistrates Court can enforce the orders and impose fines up to $53,380. Otherwise, there’s also the option of electing the local council to manage parking. This would mean local council rangers would have the power to issue fines.
If someone has parked illegally on common property, you could contact the police, who may be able to request the vehicle’s removal. However, they do not have the power to tow a car.
If a vehicle owner breaches the Owners Corporations Act 2006 or the Owners Corporations Regulations 2018, the matter can be escalated to the owners corporation. There are three alternatives the owners corporation can explore, including internal dispute resolution, or taking the matter to Consumer Affairs Victoria or the Victorian Civil and Administrative Tribunal.
The owners corporation can issue a building rule breach if parking rules are not adhered to. Only VCAT can issue fines to those who continue to breach rules and may impose a penalty of up to $250 if a person continues to breach a rule. If you’re dealing with a repeat offender who does not respond to breach notices, it may be best to take this route.
Parking problems can cause disharmony in strata settings. However, dealing with these issues quickly by addressing the root cause and taking further action when necessary will result in a better community living experience for you and your neighbours.
In the Northern Territory, parking disputes within strata schemes are typically resolved by referring to the scheme’s by-laws, which govern the use of common property, including parking areas.
Parking issues on common property should first be raised with the committee responsible for managing these areas under the Unit Title Schemes Act 2009.
The committee may issue a formal notice or seek voluntary compliance. If the dispute persists, parties can escalate the matter to the Northern Territory Civil and Administrative Tribunal (NTCAT), which has the authority to resolve strata-related conflicts, including parking infringements. Clear communication, documentation of the issue, and adherence to the scheme’s rules are key to resolving such disputes effectively.
In Tasmania, parking disputes in strata schemes are addressed under the Strata Titles Act 1998, which outlines the responsibilities of the body corporate and lot owners regarding common property.
When a dispute arises, such as unauthorised parking or misuse of designated spaces, the first step is to consult the scheme’s by-laws, which may specify parking rules and enforcement procedures. If informal resolution through the body corporate fails, parties can seek assistance through mediation and dispute resolution services offered by the Department of Justice, which provides neutral facilitation for civil matters.
For unresolved or serious disputes, parties may escalate the issue to the Magistrates Court of Tasmania, which can issue binding decisions. Maintaining clear communication and proper documentation is essential for resolving parking issues effectively within Tasmanian strata schemes.
Strata parking issues can be frustrating, but following a clear process helps ensure a fair and effective outcome. Here’s a step-by-step overview of the process:
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Parking disputes can be manageable with the right approach. The key for strata owners and committees is to stay informed, communicate clearly, and act proactively. By understanding the legal frameworks, updating your by-laws or building rules, and fostering a culture of respect and compliance, you can turn parking from a point of conflict into a well-managed community asset.
If your committee faces a parking issue, don’t wait for it to escalate. Start with a conversation, follow the proper steps, and seek professional advice when needed. A well-managed strata scheme is one where everyone knows the rules and feels confident they’ll be enforced fairly.
This article is edited by Lauren Shaw Regional General Manager and Licensee-in-Charge on August 2025.
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