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Why you can’t park in the visitor-allocated spaces?

In any shared living community environment, it’s essential to establish clear guidelines and rules to keep the peace. Parking is, and always will be, a key area of contention for the body corporate, when visitor-allocated spots are often misused by residents for their own convenience.

In this article, we answer the frequently-asked question – why can’t I park in the visitor-allocated spaces?

Who is considered a visitor?

Visitor parking is, as the name suggests, available only to bona fide visitors – this is someone who is visiting an owner or occupier within the scheme.

While there is often much contention on who are short-term and long-term occupants when it comes to using the visitor carparks, any person who resides at the property is not a visitor, even if that person is not listed on the property title or on the lease.

How long a visitor can park for may be noted on signage within the complex, or with the scheme’s by-laws.

Council-mandated visitor parking

The local council mandates the number of visitor parking spaces in a scheme as part of the initial development application process. Planners consider the development type and size, its location, local government regulations, transportation options, and environmental considerations to determine the required number of visitor parking spaces.

The body corporate must remain compliant with the original development application, and as such, these spaces must be available for visitors.

Scheme’s by-laws

Most body corporate schemes will have an established by-law that outlines the use of visitor parking and bans parking by non-visitors.

By-laws must be enforced by the body corporate committee, so when residents disregard these rules, they can be issued with a body corporate by-law breach notice, which can lead to court action if not complied with.

For more on dealing with parking problems, check out our related article https://www.bcsystems.com.au/dealing-with-parking-problems-in-a-body-corporate/

Respect your neighbour

Respect and consideration are the cornerstone of any well-functioning community, and these principles naturally extend to parking. By respecting the visitor parking rules of a body corporate, you contribute to a sense of fairness and harmony within the scheme, making it a place where all residents feel that the rules apply equally to everyone.

New proposed changes to the BCMM Act

In August this year, the Queensland Parliament introduced the “Body Corporate and Community Management and Other Legislation Amendment Bill 2023” with proposed changes to some of the outdated legislation affecting the day-to-day operation of body corporate schemes in Queensland.

One of the proposed amendments is regarding the removal of a vehicle within a body corporate scheme that has breached the by-laws, without going through the extensive contravention notice process.

“If a body corporate decides to tow a vehicle, there are still rights available to an owner or occupier to dispute the body corporate’s actions. The body corporate is still required to make reasonable decisions under section 94 of the BCCM Act, and the body corporate may still be liable if the decision to tow is found to be unreasonable or unlawful.”

Source : https://documents.parliament.qld.gov.au/tp/2023/5723T1191-22FA.pdf

Resources:  https://www.publications.qld.gov.au/dataset/d97515ed-51ec-4d4e-9266-ee1da68ef2c2/resource/25c09452-d4c8-402a-91d6-41096fd19bfa/download/parking-in-a-community-titles-scheme-titles-ref-updated-jan-23.pdf

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