From vehicles overstaying in visitor spaces to cars left on grass verges or parked against walls, these parking problems can cause ongoing frustration for residents and Owners Corporation committees.
Typical Approaches to Parking Issues
Most committees have likely instructed their managers to handle the problem with warnings, notes under windscreen wipers, breach notices via email, or even direct conversations with residents. Yet, despite these efforts, the offending behaviour often persists.
So, what should a Owners Corporation instruct their strata manager to do next? There are several options to consider:
- Ignore It: Stop sending warnings, emails, and notices.
- Continue With Warnings: Keep issuing breach notices.
- Breach Them: Request that your strata or body corporate manager sends a formal breach notice to the offending party
- Restrict Access: Install barriers to limit access to problem areas.
- Take Legal Action: Apply to a Civil and Administrative Tribunal (CAT) for mediation or a formal order. Depending on your location, this could be ACAT in Canberra, NCAT in New South Wales, VACT in Victoria, or QCAT in Queensland.
Why Ignoring It Isn’t an Option
Choosing to leave the issue unresolved can set a negative precedent, encouraging other residents to follow suit. Additionally, parking on grassed areas can damage property, leading to costly repairs for the Owners Corporation.
Strengthening Your Case with Clear Breach Notices
Restricting Access: Practical Measures
- Many Owners Corporations look for ways to restrict access to prevent future issues. Options include:
- Permanent or fixed bollards
- Boulders
- Flexible or timed parking bollards
- Wooden sleepers
- Planting trees or shrubs
However, these measures may not always be feasible due to location restrictions, required government approvals, or budget constraints.
Legal Recourse: Seeking an Order
If access restrictions aren’t practical, taking the matter to a Civil and Administrative Tribunal might be necessary. A well-documented case can support your request for an order, especially if breach notices are clear and refer to the correct sections of your Bylaws or House Rules.
While taking legal action may feel daunting and could impact community harmony, it is sometimes the only way to resolve ongoing issues effectively.
The Role of Your Strata Manager
Remember, your strata or body corporate manager is not an enforcement authority. Instead, they act as a guide and advocate, helping you navigate legislation and manage common property. They follow instructions from the Owners Corporation and support the committee’s decisions.
Recommended Approach for Committees
- Verbal Warning: Have your manager attempt to contact the offender directly. A phone call can often work wonders.
- Written Warning: If that fails, request a written letter to be placed on the offender’s windscreen.
- Formal Breach: If the issue persists, instruct your manager to issue formal breach notices. Ensure these notices are accurate and reference the relevant Bylaws or House Rules.
- Access Restriction: Research the possibility of physically restricting access to the area if they are parking on areas other than allocated parking spaces.
- Legal Action: Once multiple breach notices have been issued and the behaviour remains unchanged, the committee may apply to the Civil and Administrative Tribunal for a formal order.
