Key Tips for Understanding Strata Parking Bylaws | Flex Insurance

Finding a parking spot is challenging, but understanding the rules around strata parking bylaws adds another layer of complexity. Misuse of visitor parking, unauthorised vehicles in designated spaces, or improper entry and exit can lead to neighbour disputes and fines.

Whether you’re a strata owner, resident, or manager, Flex Insurance can help protect and guide you through strata parking compliance, especially if you're unsure what strata insurance covers.

Understanding Strata Parking By-Laws

Every strata complex has parking by-laws to help maintain order and fairness among residents, visitors and property managers. These by-laws can vary among different strata schemes. It’s important to familiarise yourself with your specific strata laws & by-laws to understand what is and isn’t permitted, and the consequences of non-compliance. Car park by-laws promote safety and fairness, with common rules including:

Parking only within designated areas
Avoiding obstruction of driveways and parking areas
Following specified parking directions or layouts
Minimising vehicle noise, fumes, and lighting

Both owners corporations and local councils are responsible for enforcing car park by-laws. Failing to comply with these regulations can result in fines from the local council, as well as penalties from the owners corporation. These penalties may include towing unauthorised vehicles or issuing formal notices to residents to address the breach. More serious offences or repeat breaches may even result in court action.

Common Strata Parking Rules

Visitor Parking

Most strata schemes have allocated visitor parking to accommodate those visiting residents. Visitor parking strata rules typically require visitors to park only in these designated spaces, while residents are prohibited from using visitor parking.

Depending on the strata by-laws, visitor parking may have time limits imposed. Clear signage should be displayed to outline the use of visitor parking spaces, including any time limits and conditions for parking.

Failing to comply with visitor parking rules may result in fines or penalties. Unauthorised use of visitor parking may even result in the vehicle being towed at the owner's expense.

Designated Parking Spots

Strata parking regulations for owners/residents are typically outlined in the strata plan or the specific by-laws of the strata title.

Parking lots are usually allocated among residents, with some strata properties assigning a designated spot to each unit, while others offer a shared strata car park for all residents and guests.

In cases where designated parking spots are provided, residents must park only in their allocated spaces to avoid potential penalties or disputes. Unauthorised swapping of spots or leasing out spaces is typically frowned upon and may incur penalties from the owners corporation. Always consult the strata by-laws for any parking conditions or restrictions to avoid misunderstandings and conflicts among residents.

Compliance and Enforcement

The strata committee are responsible for enforcing parking by-laws within the strata scheme. A clear breach of the strata parking by-laws may result in:

Issuing notices: The committee can issue a written notice of violation and request that the issue be resolved.
Fines: The local council may issue a fine to owners or guests for parking violations.
Towing: The body corporate has the authority to arrange for towing of vehicles that breach strata by-laws and regulations.
Court action: In some states, including Victoria, court action for repeated strata parking violations may be issued.

Every state in Australia has its own legislation that governs strata schemes, including how by-laws are enforced.

For example, strata laws NSW, under the NSW Strata Schemes Management Act, state that “An owner or occupier of a lot must not park or stand any motor or other vehicle on common property except with the written approval of the owners corporation.” Similarly, strata laws QLD, as outlined in the QLD Body Corporate and Community Management Act, specify that when it comes to towing a vehicle, it can only be done so if the vehicle belongs to a third party with no connection to the scheme.

Dispute Resolution

Some of the most common strata parking disputes and breaches include parking in the wrong spot, blocking entrances, or misusing visitor spaces. To resolve disputes:

Parking in someone else’s spot
Parking in a non-designated parking spot
Repeated misuse of visitor parking
Obstructing driveways and entranceways
Parking oversized vehicles in regular car parks
Failure to adhere to parking timing limits

Here are steps to help you resolve these issues:

Review the by-laws – Check the strata rules to confirm the breach.
Communicate directly – A polite conversation can often resolve misunderstandings.
Engage the strata committee – If the issue persists, report it to the body corporate.
Seek mediation or tribunal involvement – If necessary, escalate through official channels.

For more detailed guidance, visit the NSW Government - Strata Living or QLD Body Corporate Information websites.

State-Specific Considerations

Strata parking regulations vary across states, with each having its own legislative framework that governs strata schemes for individual spaces. Here’s an overview of each state’s strata laws:

Strata Title Laws WA

Car park and visitor car parking rules in Western Australia (WA) strata properties are governed by the Strata Titles Act 1985 (STA) and other laws. These rules outline parking in designated spaces, visitor parking rules, and using car spaces for storage.

If a resident breaks these rules, the owners corporation can issue a breach notice, while repeat offenders may face fines or special orders.

Strata Insurance VIC

Car park rules in Victoria (VIC) are governed by the Owners Corporation Act 2006 and the associated strata by-laws. Some owners corporations set time limits for car owners using parking spaces to ensure fairness among other residents there. If a vehicle is parked improperly, the owners corporation can issue a notice of breach. In cases of repeated violations, the matter may be escalated to the courts, where fines can be imposed.

Strata Insurance SA

In South Australia (SA), car parking in strata properties is governed by the Strata Titles Act 1988 and the Community Titles Act 1996, and cover issues such as the number of available parking lots assigned to units and whether there are parking spaces for visitors.

The strata corporation has the authority to establish parking rules that are binding on all unit owners and tenants and can enforce these rules through penalties including court action for repeat breaches.

Strata Insurance Tasmania

In Tasmania (TAS), the Strata Titles Act 1998 and strata scheme by-laws govern strata parking. The body corporate is responsible for enforcing the by-laws and allocating parking spaces.

Written warnings and infringement notices may enforce strata parking rules in TAS. After issuing a removal notice, the strata committee can remove a vehicle if it’s obstructing common property.

Strata Insurance ACT

Strata parking in the ACT is governed by the Strata Schemes Management Act 2015, the Local Government Act 1993, and the Body Corporate and Community Management Act 1997.

These laws grant strata committees the authority to address parking violations, including the removal of vehicles obstructing common property. Resident and visitor parking is permitted only in designated areas. Additionally, strata corporations can issue penalties of up to $500 for breaches of parking by-laws.

Tips for Strata Owners and Residents

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Stay informed by reading your strata scheme’s by-laws and attending meetings. If there’s any confusion over parking rules, contact your strata manager for clarification. Open communication with neighbours and the strata committee can help prevent disputes.

Need Further Guidance?

Strata parking rules differ by property, making it essential to understand your specific by-laws. Seeking guidance from your strata committee and expert advice from a professional like a Strata Manager can help clarify parking regulations and resolve disputes.

Contact Flex Insurance today for expert advice on tailored strata insurance solutions.