Hi All,
in NSW, most strata plans that are registered, subdivide the property into lots and common property. When trying to work out who the parking space belongs to it is important to review the strata plan. Normally in NSW, the parking spaces are also part of the owners lot. So while the structure, being the floor structure of the car park, be it concrete or even a car stacker, will normally be common property, and the air space of the car space will belong to the lot owner (just like in the apartment).
There are a few commercial buildings that I have seen where the parking spaces are not part of the lot title, and they are in fact common property, but there is an exclusive use by-law registered on title, granting owners of respective lots, rights and responsibilities for the use of a particular car space.
The above said, the air space of a car parking space is typically part of the lot, and the owner or occupier’s responsibility to maintain and keep tidy.
Interestingly, this then extends to the issue of a random vehicle owner parking in someone else’s car space, then this is a matter of Trespass, which is a criminal act, and the NSW Police have an obligation to assist to resolve.