Section 125 of the Strata Schemes Management Act provides the strata committee with powers to remove a vehicle obstructing common property, however the process requires issuing a removal notice and waiting five days before acting. This is primarily for long term problems such as when a vehicle has been abandoned.
The owners corporation can issue a by-law breach if parking rules are not adhered to. Only VCAT has the power to issue fines to those who continue to breach rules and may impose a penalty of up to $250 if a person has continued to breach a rule.
Related question from our StrataFAQ community
Q: How can we get our committee to enforce the visitor parking by-law?
A: If the by-law has been officially passed during a meeting and recorded with the Titles Office then your committee must enforce it. Read more at StrataFAQ.
Six ways to manage common problems with parking in strata
No matter what state you live in, proactive measures are the best solution. To help maintain harmony with your neighbours, here are six ways to deal with some of the most common parking problems in strata managed properties:
Parking signs – ensure parking rules are obvious
Signage plays an important role in ensuring everyone is aware of parking rules and allocated visitor parking. It’s a good idea to include the maximum period for which a vehicle may be parked on all notices.
Visitor parking – provide options
If you’re having guests over, show them where the designated visitors parking area is or make other parking arrangements beforehand.
Illegally parked cars – direct communication is key
When someone has parked in another owner’s car space or on common property against parking rules, they are in breach of by-laws or rules and the matter can be taken to the committee. They should first contact the occupier asking them to move their vehicle and if it continues, they can serve a Notice to Comply.
By-laws or building rules – clarity is king
In most states, the committee may change the by-laws for parking if it is supported by a special resolution of the owners corporation. If your by-laws or rules are not clear enough about parking, a strata committee member can raise a motion to create or modify a by-law which can be voted on at a general meeting or postal ballot of the owners corporation.
Parking fines – take further action
In the event of a first-time violation, the strata committee may decide to issue a verbal warning but if parking by-laws or the building rules continues to be breached, the committee may decide to take further action such as applying to the state’s governing body or tribunal for the imposition of a civil penalty for breaching the by-law.
Towing a vehicle – If a parked vehicle is obstructing exits