In our last blog we explained who can, and how they should, use visitor parking bays in a residential strata building.
What can you do when residents and owners abuse visitor parking bays in residential strata buildings??
Parking their own vehicles there excessively? 😡😡😡
There’s a series of things the Owners Corporation can legally do under regulations to stop this.
They do take time and effort, and you should follow the procedures very carefully.
Some things Owners Corporations can do to control visitor parking bay usage.
- Use parking signs, security guards, key card systems or parking bollards and barriers.
- Pass a by-law to implement time and frequency limits on visitor parking
- Pass a by-law that prohibits owners/ residents from parking anywhere on common property, for example in NSW there is Standard By-Law no.1 which many buildings adopt.
- Communicate clearly with signage, on noticeboards and in the by-laws, about illegally parked cars before they try to remove them,
- Clarify expectations between by-laws and building rules,
- Enforce parking fines, after warnings and first-time offenses,
- Tow a vehicle if entry/exit ways are obstructed, following certain procedures set out in the legislation.
- Issue a Breach Notice and a Penalty
Most buildings have by-laws that deal with visitor parking. If your building does, a resident parking in the visitor parking bays is breaching the by-laws.
Your Owners Corporation can then serve them with a notice to comply (ie. MOVE their car and STOP parking in the visitor parking in breach of our by-laws).
If they do it again, your Owners Corporation get NSW Civil and Administrative Tribunal to issue a penalty of $1,100
And if they do it AGAIN within 12 months, then the NCAT penalty can double to $2,200.
This is all set out on the NSW Fair Trading site here.
2. Tow the Offending Car
If the breach notice and penalty aren’t enough to stop the offending parker, then in NSW your Owners Corporations can tow the offending vehicle, following specific procedures.
If a car has been left unattended in the visitors’ parking (which is common property) for an extended period of time or is abandoned, then your Owners Corporation can remove it under Section 125 of the Strata Schemes Management Act.
The process involves putting a removal notice on or near the car, followed by a 5 day waiting period. After that, the Owners Corporation can remove it.
Our Step-By-Step Removal Guide
🚗💨 Place a removal notice on or near the car where the owner will see it.
🚗.💨 Ensure that the removal notice meets these requirements:
- It’s on an A4+ size piece of paper.
- Put the removal notice somewhere it won’t be damaged by the weather.
- Describe the vehicle and the state, time, and date the removal notice was issued.
- Write that the vehicle will be removed from the visitors’ parking area if it’s not moved by a specific date and time.
- Give contact details of a strata committee or Owners Corporation member they can reach.
🚗💨 Once the time period specified in the notice expires then the Owners’ Corporation can move the vehicle, to another place on common property that is the nearest place where the car can be legally parked, or in an area that doesn’t block any entry or exit points.
🚗💨 And of course, all care must be taken to make sure you don’t damage the vehicle.
3. Consider asking Council to patrol the parking area on a paid basis.
I know, it’s not ideal and no guarantee it will work, but if you’re at a complete and utter loss, there is the option under The Strata Schemes Management Act 2015 and section 650A of the Local Government Act 1993, to ask Council whether they can provide a paid service to have a ranger patrol the area and the parking in your strata scheme.
But why go through all that hassle when we have stress-free and simple parking bollard solutions that can easily solve this problem for you?
The pain-point around the abuse of visitor parking bays is something we at thatsmyspot.com.au are asked to help out with a lot. We believe that visitors’ parking is exactly that. It’s parking allocated (and under the development application when the building was first built) for the use of family, friends, tradies, and others visiting owners and tenants of the building. It’s when people abuse this privilege that things can get messy.
While penalty notices, towing and engaging Council to patrol your strata building parking area are all options, they are expensive, time consuming and most of all stressful. And we all know that it’s so difficult to get a tow truck that will actually fit into most basement car parks.
At thatsmyspot.com.au, we are experienced in helping solve visitor parking issues in residential strata buildings and have a range of parking solutions with different price points to do this. To take the angst out of abuse of visitor parking bays BEFORE it occurs, rather than chasing people down after they continually abuse them.
Find out more about our parking solutions that we can use to help solve your pain points and address your particular situation and budget.
Please Contact Us on 1300 644 533 so we can learn more about your particular situation and how we can help solve your visitor parking pain points with our fabulous range of automatic remote control parking bollards, manual parking bollards and smartphone parking bollards.
At thatsmyspot.com.au our motto is “Take the Stress out of Your Parking” and this is what we’re really good at.