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/Factsheet_print/Tenants_and_home_owners/Strata_schemes/_Parking.pdf
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Standard fact sheet.
/Factsheet_largeprint/Tenants_and_home_owners/Strata_schemes/_Parking.pdf
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Large print fact sheet.

Parking 

In a strata scheme 

There are restrictions on residents and visitors using strata parking spaces.

Owners and residents must only park in parking spaces allocated to them. They cannot use parking for visitors or emergency vehicles.

Tenants should check their lease to ensure they do not misuse parking spaces.

The owners corporation may wish to control parking on the common property. Options include signage, security guards, key card systems or parking barriers, such as bollards.

The owners corporation may seek parking management services from their local council. The council would need to agree, and charge a fee. Refer to the section 'Council enforcement of parking' in the following information.

Where owners can park 

Residents should check that their lot entitlement includes a car space. If not, they cannot park in the strata scheme unless there is a common property rights by-law allowing them to park on an area of the common property.

An owner should write to the secretary of their strata scheme to negotiate for this special right. This involves putting forward a motion to be voted on, proposing a space for them to park.

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Visitor parking 

Signage may state how long visitors can park in the visitors' spaces. If there are no signs, visitors can park there for a reasonable time.

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Parking by-laws 

Most strata schemes have by-laws (rules) on parking. A breach can result in penalties. This may happen as follows:

  1. The owners corporation serves a notice on an owner or occupier to comply with the by-law being breached.
  2. If the by-law is breached after this, the NSW Civil and Administrative Tribunal (The Tribunal) can order a person to pay a penalty of up to $1,100.
  3. If the by-law is breached again within 12 months, the penalty can double (up to $2,200).

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Council enforcement of parking 

Sometimes, a council will provide a strata scheme with parking management services for a fee. This would allow council rangers to issue parking infringement notices just like they do on public streets. If someone disagreed with receiving a notice, they could:

  • contact the council to dispute it, or
  • have the Local Court deal with the matter.

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What is involved 

The council must first agree to enter into a commercial agreement with the strata scheme. Next, the owners corporation must pass a by-law to enter into the agreement and pay for the service. All terms of the agreement should be set out clearly. This includes whether the council may keep all, or most, of the fines issued.

The owners corporation would need to give the council access to install the required parking signage, and address any maintenance and work, health and safety issues.

Council rangers may strictly enforce the parking signage. So, the owners corporation should ensure all residents are aware of council rangers’ services in conducting inspections if an agreement is made.

Find out more about the parking management agreement on the Office of Local Government website.  

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Dealing with vehicles blocking access 

An owners corporation can move a vehicle that blocks:

  • an exit or entrance, or
  • the use of common property.

An owners corporation can only move the vehicle if it has correctly provided notice in writing. This must include:

  • a description of the vehicle
  • the date and time the vehicle will be moved from the common property if it is not moved or collected (not earlier than 5 days after the notice is placed on or near the vehicle), and
  • contact details of a member of the strata committee, the strata managing agent, or a nominee of the owners corporation
  • the date and time the notice was issued.

The notice must be at least A4 in size and be weather-resistant (for example, placed in a position or in a material to help protect the notice).

The owners corporation can move the vehicle to another area of the common property. Or, it can move it to the nearest place where it may be lawfully moved. Take due care not to damage the vehicle! The owners corporation can apply to the Tribunal to recover the reasonable costs of moving it.

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