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The Committe of our Strata (56 units, with secure parking, garages, and 12 visitor spaces) is considering this issue as after 9.00pm, near all visitor spaces are vacant, yet some residents have more cars than parking spaces that are designated to their Unit (every Unit has at least one space). It seems wasteful as the residents must park their 2nd or 3rd car in the street where parking is difficult to find.
One possibility is to signpost say 4 of the 12 visitor spaces indicating thatv they can be used for resident parking from 9.00pm to 7.00am, if vacant, but the sign installed in such a way that the 'resident' parking section can be covered in times of high use, eg New Years Eve. Also, the idea is that the 4 spaces would be the difficult to park ones.
Has anyone considered this idea before or come across it?
I welcome any views.
Paul
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The first thing that occurs to me is whether or not there is a shortage of spaces for bona fide visitors. If not, the next point is why would you give away a valuable resource to a resident just becasue they have more cars than they have spaces for.
In other words, you could (theoretically) be renting these spaces at the going rate for car spaces in your area and provided you aren't renting the spaces to non-residents, you're benefitting the whole building.
However, the on major consideration is whther or not your allocation of visitor car spaces is part of the Development Approval for the building. If it is, you could run foul of your local council because you have breached the terms of the DA.
How would they ever know? The first time someone can't get a visitor space or finds that all the allocated spaces have been rented out, they could be on the phone to the council.
But if you can avoid these various pitfalls, my view would be to install pop-up bollards and rent out the spaces with the proviso that they have to be returned for the use of bona fide visitors at times of high usage like Christmas and New Year, for instance.
You'll need special resolution by-laws to do this properly but I'm sure there are lots of buildings with “informal” arrangements along these lines.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Hi Paul
JimmyT is right in saying that where designated visitors parking areas have been assigned by local authorities as one of the conditions of development approval, owners and occupiers may not park their vehicles in the area designated for visitors even where the owners corporation, executive committee or strata managing agent has given approval for such an arrangement.
The development approval may even specify the number of hours a visitor can park in the designated parking area.
For an information sheet on restricting the use of visitors parking spaces, please contact us.
Kind regards,
Simone Balsara
Lawyer
TEYS Lawyers
The Strata Law Experts
02 9562 6500simone@teyslawyers.com.au
https://www.teyslawyers.com.au
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