Parking, Visitor and Disabled Carparks.

Overview:

As notified at the 8th Sept 2017 AGM the Owners Committee will begin to enforce the use of visitors car parking.  Specifically, the Owners Corporation has delegated the authority to issue notices of non-compliance to By-Laws.  From the 1st of October 2017, notices will start to be placed onto cars which are regularly using the visitor’s car parks.

Parking continues to be one of the top issues raised by the Owners Committee. To assist with this we have put together a page that outlines the parking situation for the Brittany building and also a Q&A on common topics.  Please also see further down for what can happen if you are in violation of parking in a visitors car park.

Resident Parking.

All residents within the building have designated garages which are included with their lot and is a mix of 1 and 2 car garages.  Residents are expected to use the garage for the purpose of car parking and personal storage.

Resident Car Parking Nominated as Disabled.

These are designated with a lot number in front of them and do belong to the lot owner and they are not required to have a disabled car park sticker.

Car Parks designated as Disabled.

These are reserved for the nominated use of visitors and owners who hold a valid disabled parking permit (NSW and interstate).  They should not be used by visitors or owners who don’t hold a valid permit. Nor should they be used as a permanent park by owners who hold a disabled permit as every owner has a nominated garage space.

Visitor Car Parks and acceptable usage.

These should only be used by visitors to the building.  A general guideline here is that a visitor is someone who non-resident and does not have a postal address within the Brittany complex.  The Owner Corporation has agreed at the AGM that repetitively or excessive use of a visitors carpark is more than 3 consecutive nights or 5 nights in a one month period without prior notification to the Owners Committee.

Questions on Visitor Parking.

The OC team have had quite a number of complaints about the visitor parking within the building as they are often being used by residents.  We do want to make sure our visitor car parks are used properly so we have provided this page and using a question-answer format to cover this.  Let’s start with the easy stuff

My car is full of groceries and it is easier to park in a visitors car park so I can unload.

No issue at all here!  We have all a similar situation and understand.  Unload then move your car when you can.  Overall the SC wants to be very flexible here.

My carpark is far away, why can’t I just use a visitor carpark as it is easier for me?

Each lot has a designated carpark and you should use that.  If you park in a visitors carpark you are in violation of Brittany by-laws.

My Garage is full of other stuff, so why can’t I use a visitor space?

Residents should not be parking in visitors car parks.

We have two cars and only one garage space?

Your allocation is then one garage space the other cars should be parked outside the building.

I have a circumstance where I need to park in the visitor car parks.

The OC appreciates that there may be reasons why you need to use a visitors car park on a regular basis.  Please contact the OC with a reason why and they can then review.

I have Exceptional Circumstances.

The Owners Committee is aware that exceptional circumstances may exist and will fully consider each situation and advise.  Please be aware as of October 2017 there are some exceptions which have been granted.  Should you want to know more details on these please contact the Owner Committee via this site.

Questions on Parking Violations

If I park in the designated visitor’s car park can I be fined by the Strata/Owners Committee?
Common Answer on many Strata websites.
No, as the Strata Committee does not have the ability to fine residents.  And while this is a correct statement it does not cover that a resident parking in a visitors car park is a breach of Strata Bylaws.

The Strata Committee can enforce breaches of bylaws via tribunal which could result in a fine of up to $1100 for the first offence and $2200 if the breach occurs again within a 12 month period.

So let’s revise the questions:
If I (as a resident) park (overnight) in a designated visitors car park without permission can I be fined?
No, if you park just once or twice per month then it is unlikely to be an issue.  However please be aware it may be noted.

If I continually park in a designated visitors car park can I be fined by the Owners Committee?
Again, this will be a no as the Strata Committee cannot issue a fine.  However, they can issue an informal notice that you are breaching a Strata By-law and further action may be taken.

So can I just ignore that and keep parking in a designated visitor area?
The non-legal answer is that no you should not as you have been advised by the Owners Committee that you are in breach of a Strata By-law and they have issued an informal compliance notice.  This is also the first step they must take towards formal enforcement.

But I can still keep parking there as the Strata Committee can’t fine me?
This is where you need to become very clear on Strata by-laws and enforcement of these.  The next step is if you continue to park in a visitor’s area the Owners Committee can issue a formal ‘Notice to Comply with a By-Law’.

Link to Notice to Comply with a By-Law

This notice is a formal notification (signed by a Justice of the Peace) that you are in violation of s Strata by-law and is the next formal step the owners committee must take.

Yeah, but they still can’t fine me so why do I need to comply?
If you choose to continue to breach the by-law then the Strata Committee can raise a request with the NSW Tribunal to review the case, and this tribunal CAN issue a fine up to $1100 for the first offence.

Wait what happened here I just got fined and the yet Strata can’t fine me?
You will have been issued a fine by the NSW Tribunal because you continually breached a Strata by-laws.  The fine order is issued by the Tribunal (with funds going to the strata funds).   This fine is not issued by the Owner Committee.

Still not sure why I was ended up paying a fine.
The common misunderstanding here is that while the Owners Committee cannot issue a fine directly they can follow a process where if the breach continues to breach a by-law the Owners Committee can take it to the NSW tribunal who can issue a fine.