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Topic
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we have 10 villas and 5 visitor parking spots
we have one owner and two renters who continually park in visitors spots despite being advised by Strata Committee that they cannot do this
what can we do to enforce this, can the committee issue fines to the villa owners?
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Replies
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Hi Katie, the owners corporation cannot directly fine the villa owners. A fine can be issued by NCAT (New South Wales Civil and Administrative Tribunal). There is a process.
First, get a copy of your strata plan’s by-laws. Hopefully, there is a by-law which says where they may or may not park a motor vehicle.
Second, if you find a by-law that has been breached: make a record of dates / times, car make and model, registration etc when you saw the visitor spaces being used. Photos with car registration numbers would be helpful.
Third, issue a “Notice of breach of by-law”. This is a form you can download from the NSW Fair Trading web site. Google it. You can only issue the notice if one of these is true:
- Strata manager decides to issue the notice
- The owners corporation passed a motion to issue the notice
- The strata committee passed a motion to issue the notice
With (2) and (3), there has to be a meeting of the owners corporation or strata committee. A majority vote is needed.
If you do NOT have a by-law which tells people where to park their cars, you need a meeting with a 75% majority vote, which is called a special resolution, to create a new by-law for your strata plan.
The notice is a warning. It tells the resident that they breached a specific by-law on a certain date. If they do it again over the next six months, the owners corporation is permitted to go to NCAT. NCAT will only accept your application for an order to fine the residents if you follow the above steps.
I can’t remember the fine but I think it is a maximum of $550. People usually change their behaviour after receiving the notice.
You can avoid holding a meeting if you convince your strata manager to issue the notice. In the past, I downloaded the form and completed it myself. Then I emailed it to the strata manager and asked him to serve it on the resident.
Has your strata committee held a meeting and voted to issue a notice to comply with a by-law already? You have to hold a meeting and produce the minutes if this becomes an NCAT application.Third, issue a “Notice of breach of by-law”. This is a form you can download from the NSW Fair Trading web site.
All of the above is correct except that it’s actually called a Notice To Comply and you can download it HERE. Also, the maximum fine imposed by the Tribunal for a first offence is $1100 and $2200 for a repeat offence.
It’s worth noting that the wording means, effectively, you must comply with the specified by-law and you could be fined if you don’t. In other words, it’s a final warning with a sting in its tail.
While we’re on the topic, Notices To Comply do not require mediation if they are ignored – you can go straight to the Tribunal.
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.
I have just noticed that the Notice To Comply form requires you to swear an oath before a JP or solicitor. I haven’t seen that before.
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.
Oops. Thanks for the correction Jimmy. The declaration with the JP / solicitor is on the second page. It was there when I filled out the form about two years ago.
I question how well the strata managers know about the process. I had to tell mine what to do. The strata manager before that simply wrote a letter on their own letterhead. I would rather use the Fair Trading’s form.
The strata manager before that simply wrote a letter on their own letterhead. I would rather use the Fair Trading’s form.
Quite right too. The strata manager’s letter would have no legal standing. It’s the Fair Trading form or nothing.
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.
I am the secretary of a strata committee where we have had the same problem – residents parking in visitor spots. This is a 35 unit complex with 8 visitor parking spaces. We have a by-law that regulate visitor parking to the effect that visitors may only park for 24 hours in a visitor parking spots in a seven day period. Then there is the general by-law which states that residents must not place their property on common property. In this case, parking their vehicles in visitor spots means that they are in breach of that by-law.
I monitor the visitor parking if someone lets me know that they have seen the same car in a visitor parking space for too long. I then check and if it continues, I issue a warning which I place on the windscreen, requiring that the car be moved. If there is no action, I issue a second notice in similar terms, but this time advising that I am moving the matter to our strata managing agent. If no response, that’s exactly what I do. The strata managing agent then issues a Notice to Comply and imposes a fee of $27.90 (or similar) for the issue of that Notice. The fee is charged to the owner’s levies. Owners can recoup this from tenants, I suppose, if it involves a tenant.
I have done this a few times with great results. No problems for the last six months (fingers crossed). By the way, the strata managing agent has drafted a by-law for the next AGM which specifically empowers him to charge fees for issuing Notices to Comply, although he already has an implied authority to do so.
All of these solutions are dependent on being able to identify the offending owner/lot. Many older apartments do not have the sophistication to do this other than by catching the offender in the act.
All of these solutions are dependent on being able to identify the offending owner/lot. Many older apartments do not have the sophistication to do this other than by catching the offender in the act.
You don’t have to catch them in the Act … if the car is in the wrong spot for a long time, they have been caught. Most phones have a camera and you can just take a picture of the car. You could pass a by-law requiring all vehicle that pass over common property to have their numbers registered with the secretary but that seems heavy-handed.
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.
Taking photos does not help if you don’t know who owns the vehicle. “Catching in the act” was meant to refer to actually sighting a driver, and matching them to an apartment.
Taking photos does not help if you don’t know who owns the vehicle. “Catching in the act” was meant to refer to actually sighting a driver, and matching them to an apartment.
100% this is the hardest thing to do, matching a car to an owner.
The second thing we have found is what is the definition of a visitor? Our strata manager seems to think anyone not on title or a lease can be deemed a visitor, which means essentially the OC needs to define that specifically in the By-Law which obtaining agreement is sometimes problematic.
The second thing we have found is what is the definition of a visitor?
Absolutely – but every community is different and this is one of those areas where the needs and wishes of the majority of owners can shape your policy. Send out a questionnaire with some basic options. How long can visitors stay when they park overnight? Between which hours? When do they have to vacate in the morning? How many hours a day can they stay in a visitor spot? What about the resident whose romantic partner or aged parent visits for three nights on the weekend? What about airbnb?
Give owners a chance to choose their preferences and at least you know you probably have a majority for a by-law that suits most people.
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.
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