gaven – as you’re new to Strata, I must advise you up-front that you’re not technically incorrect by using the visitors’ carspace, but rather that you’re in breach of one of the Plan’s By-Laws and are therefore legally incorrect, and liable to a penalty which you, by application from the Owners Corporation, could be issued with by the NSW Civil and Administrative Tribunal.
I should also advise that Owners Corporations have a legal responsibility to comply with the Conditions of their building’s Development Consent by keeping all designated visitors’ carspaces available for that purpose, and to properly maintain their Common Property; but more of that later.
It seems to me that the Owners Corporation (O/C) of your building and/or its Strata Manager takes a reasonable approach to addressing the improper use of its visitors’ carspaces, as it could have issued you with a formal Notice to Comply instead of a letter.
That said, the O/C is being a bit naughty by not attending to known problems with the operation of the automatic gate and to the apparently known unsuitability of one of its designated visitors’ carspaces.
You shouldn’t ignore the letter from the Strata Manager, and should immediately reply to them in an equally reasoned manner and copy your Property Manager (Rental Agent) including the relevant points, most of which are stated in your post including:
1) That you were unable to access your garage as it was being blocked by another resident cleaning their car;
2) That in order to unload your vehicle you had no option but to park in the visitors’ space, and that you intended to quickly return;
3) That you now understand that you were in breach of the Plan’s By-Laws, and that you haven’t in the past and won’t again offend in that way;
4) That you deny absolutely that the positioning of your vehicle could have, or did cause any damage to the automatic gate, and;
5) That you understand the O/C is clearly aware of past problems with the correct operation of its automatic gate and with the unsuitability of the visitors’ parking space, and;
6) That the O/C should (reasonably) be reminded of their responsibilities under the provisions of Sect 62 of the NSW Strata Schemes Management Act (1996) to ensure that all their visitors’ parking spaces are fit for use, and to properly repair and maintain their gate to ensure that it operates correctly.
A reciprocal style of reasonable response should get the O/C off your back, but if it fails then you’ll find Tenants NSW very helpful with such matters.