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Good afternoon everyone. Around my building there is ‘no stopping’ area, due to the fact that there are few constructions around. So in order to park a car, tenants who does not has car slot at underground parking have to drive to nearest suburb and park their cars over there(if they are lucky enough to found one). My question is: is it legal to park at underground parking (overnight only) at car slots which made(according to building manager) for business use or visitors?
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The issue of visitor’s parking being used by residents goes all the way back to your planning consent which would have established how many visitor spaces were created and used as such.
Then you have to look at strata law that allows owners’ corps to permit use of common property, provided permission is given in writing.
A good building manager will look at the actual use of the visitor spaces overnight and if they are sitting empty could easily suggest to the EC that they arrange for temporary permission to be given for residents to park there, provided they don’t park before, say 6 pm or after 7.30 am (depending on the business hours).
OK, now let’s have a reality check. Some managers think preventing anything that helps tenants and even marginally disadvantages owner residents is a good thing. They seem to forget that tenants make up more than half the residents in strata.
Some managers also think that anything that requires a little thought and imagination is, by definition, a bad thing. That’s what ‘too hard’ baskets are for.
But if your visitor parking is sitting empty and you can come up with a trial plan for its temporary use by residents who have written permission, then that would be a good thing for your strata community.
And as long as it’s temporary, council won’t care. By the time anyone had struggled through complaints, mediations, adjudications and appeals, the streets would be clear and it would not longer be an issue.
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