In our strata apartment/townhouse complex, we had an ongoing issue with the abuse of designated visitor parking spaces. We resolved it at the last AGM by passing a By-Law in relation to Visitor Parking.
Two lawyers on our Executive Committee drafted the By-Laws (they are tax lawyers, not strata lawyers, but nonetheless applied their drafting skills). We’re happy to provide a copy of the By-Law below for others to use.
Since the passing of this By-Law, the whole visitor parking issue has gone away.
2. Visitor Parking
2.1 An Owner or Occupier must not park or stand, or allow to park or stand, any motor or other vehicle in the Visitor Parking Area except with the written approval of the Owners Corporation.
2.2 The Owners Corporation must not unreasonably withhold its approval to the parking or standing of a motor or other vehicle in the Visitor Parking Area under Special By-law 2.1.
2.3 Notwithstanding Special By-law 2.1, a Visitor may park a motor vehicle in the Visitor Parking Area for a period of not more than 12 hours at any one time.
2.4 An Owner or Occupier may apply to the Owners Corporation to request approval in writing that any Visitor be allowed to exceed the 12 hour period referred to in Special By-law 2.3.
2.5 Any determination or approval made by the Owners Corporation concerning the parking of any motor or other vehicle in the Visitor Parking Area is at the absolute discretion of the Owners Corporation and may incur a Parking Fee.
2.6 Where:
(a) an Owner or Occupier parks or stands a motor or other vehicle in the Visitor Parking Area without the written approval of the Owners Corporation; or
(b) the Visitor of an Owner or Occupier parks a motor vehicle in the Visitor Parking Area in excess of the 12 hour period referred to in Special By-law 2.3 without the prior written approval of the Owners Corporation,
the relevant Owner or Occupier will be deemed to have accepted to pay the Parking Fee to the Owners Corporation.
2.7 Any payment required by the Owners Corporation in accordance with this Special By-law 2 becomes due and payable to the Owners Corporation within 14 days of a decision of the Owners Corporation to require that payment.
Additional Definitions to be inserted into By-Law 1.1
Parking Fee means a fee of AUD 110 per 24 hour period;
Visitor means a bona fide guest or invitee of an Owner or Occupier;
Visitor Parking Area means any basement area of the Common Property designated for parking by Visitors and not comprising part of a Lot, but does not include the Carwash Bay.