Resolving Illegal Strata Parking Disputes in NSW: Complete Legal Guide + Free Parking Action Planner

Introduction

Unauthorised parking on common property is a frequent source of conflict in strata schemes, often leading to disputes between residents and owners corporations. These issues can disrupt the orderly use of shared spaces, making it important for all involved to understand their rights and responsibilities.

Effectively managing strata parking disputes requires a clear understanding of the scheme’s by-laws and the available enforcement options. This guide provides practical steps and legal avenues for resolving parking issues, helping strata communities maintain harmony and fair use of common property.

Interactive Tool: Illegal Parking Action Plan

Understanding Unauthorised Parking in Your Strata Scheme

What Constitutes Unauthorised Parking in a Strata Scheme

Unauthorised parking within a strata scheme refers to any parking that breaches the property’s established by-laws.

These rules ensure fair and orderly use of all parking facilities, including common property. Residents may use only their allocated spaces, while visitors must stay in designated visitor parking.

The following specific actions constitute unauthorised parking:

• Residents using parking spots assigned to other residents: One resident occupies a space included in another owner’s lot entitlement.
• Visitors occupying resident-only parking: Guest vehicles prevent owners from accessing their own spots.
• Parking in non-designated areas: Vehicles left on lawns, footpaths, or driveways that are not marked for parking.
• Improper use of emergency vehicle spaces: Areas reserved for emergency access must remain clear at all times.

Common Causes of Strata Parking Disputes

Parking disputes in a strata community frequently stem from a few common triggers. Understanding these root causes helps the committee develop effective solutions and prevent future conflicts among residents.

The most frequent causes of strata parking disagreements include:

• Inconsistent enforcement: When parking by-laws are not applied consistently, some residents feel the rules do not apply to everyone, leading to repeated violations.
• Unclear signage or markings: Poorly signed areas leave residents and visitors unsure which spaces belong to them.
• Unauthorised use of spaces: Occupiers knowingly or unknowingly park in spots not assigned to them.
• Insufficient visitor parking: Limited visitor spaces create demand that pushes guests into resident spots or non-designated areas.
• Blocked access: Vehicles obstruct driveways, garages, or critical emergency routes, creating frustration and safety hazards.

Proactive Steps to Manage & Prevent Strata Parking Issues

Reviewing & Updating Your Strata Parking By-Laws

A primary step in managing strata parking is to meticulously review your property’s by-laws, a foundational step where seeking legal advice on strata by-laws can prevent future disputes. It is essential to ensure they contain clear and comprehensive provisions that address unauthorised parking, as the owners corporation can only enforce rules that are formally documented.

If the current by-laws are inadequate, they should be updated to cover all aspects of parking management. When reviewing or drafting these rules, it is important to focus on:

• Binding Provisions: The by-laws must apply to both property owners and tenants to ensure universal compliance.
• Common Area Regulations: Establish clear rules for parking on all common property, defining where parking is and is not permitted.
• Visitor Parking Management: Outline specific guidelines for visitor parking, including any time limits and designated areas.
• Dispute Resolution: Detail the process for handling parking disputes and violations.

For a by-law to be legally valid and enforceable, it must be registered with NSW Land Registry Services within six months of its approval. It is also crucial that the by-laws are not inconsistent with any state or federal laws.

Implementing Clear Signage for Residents & Visitors

Effective signage is a simple yet powerful tool for preventing parking confusion and disputes. The owners corporation should install signs that clearly communicate the parking rules to both residents and visitors, as many violations occur simply because the rules are not obvious.

Well-designed signage helps to eliminate ambiguity and maintain an orderly system. Effective signs should:

• Distinguish resident and visitor spaces: Clearly mark which bays belong to residents and which are reserved for visitors.
• Use clear markers: Employ labels such as ‘Visitor Parking Only’ for designated bays.
• State maximum parking time: Specify how long a vehicle may remain in a visitor spot.
• Outline consequences: Make the repercussions of unauthorised parking obvious.

In addition to new signs, it is beneficial to repaint any faded lines that outline parking spaces. Consistent and visible markings help everyone understand which areas are reserved, reducing the likelihood of conflicts.

Fortifying Security Measures in Parking Areas

Enhancing security in and around parking zones can effectively discourage unauthorised parking. By integrating various physical and technological elements, an owners corporation can better control access to designated spaces and protect the property.

These security measures not only act as a visible deterrent but also assist in identifying anyone who breaches the parking rules. Some of the most effective security options include:

• Physical Deterrents: Installing bollards or parking barriers can physically prevent unauthorised vehicles from accessing certain areas.
• Access Control Systems: Implementing key card or swipe-card systems ensures that only authorised residents can enter secure parking zones.
• Security Guards: Employing security personnel can help monitor parking areas and enforce rules directly.
• CCTV Cameras: Closed-Circuit Television cameras serve as a preventive measure and provide valuable evidence if formal action is required.

How to Address a Strata Parking Breach

Engaging with the Offender for an Amicable Resolution

When a parking violation occurs, the most effective first step is often direct and friendly communication. Many breaches are unintentional, arising from misunderstandings or residents being unaware of specific strata by-laws.

To keep the interaction amicable, consider these simple approaches:

• Polite note – leave a courteous message on the windscreen pointing out the mistake.
• Respectful conversation – if the note is ignored, speak calmly with the driver to clarify the rules and avoid escalation.

If the problem continues after these efforts, a measured discussion can still reinforce the by-laws without damaging community harmony.

The Importance of Documenting Strata Parking Issues & Breaches

If informal attempts fail, it becomes crucial to document every incident thoroughly. Such evidence is essential if the owners corporation must issue a breach notice or apply to the NSW Civil and Administrative Tribunal (NCAT).

When building your file, your records should include:

• Dates and times: note precisely when each breach occurred.
• Photographs: capture clear images of the vehicle, its location and licence plate.
• Correspondence: keep copies of any notes or emails sent to the owner.
• Previous warnings: document verbal warnings or formal notices already issued.

Gathering comprehensive evidence is vital, as a single photograph may not satisfy NCAT. Modern CCTV systems with facial and license plate recognition can provide conclusive proof linking both the vehicle and the driver to the violation.

Advanced Strata Parking Management Strategies

Partnering with Local Councils or Private Companies

For persistent strata parking issues, an owners corporation can explore external partnerships to manage enforcement. One effective strategy is to enter into a local council agreement, allowing council rangers to patrol the strata property and issue parking fines just as they would on public streets. This arrangement transfers responsibility to a specialised authority.

Another option is to engage a private parking management company for dedicated oversight. However, it is vital to proceed cautiously:

• Thoroughly vet the private firm to confirm its practices are legally sound.
• Ensure the company’s methods will not create further complications for the strata community.

How to Handle Abandoned Vehicles on Strata Common Property

When a vehicle appears abandoned on common property, the owners corporation must first verify that it has not been reported stolen. To satisfy this requirement, take these two steps:

• Obtain a certificate from the Commissioner of Police.
• Secure a confirmed search result from the Personal Property Securities Register.

Your local police station can guide you in acquiring these documents. Once checks confirm the vehicle is not stolen, it may be treated as unclaimed goods and moved or stored. Remember, in NSW, actions such as wheel-clamping or towing without the owner’s consent are generally prohibited.

Under the Strata Schemes Management Act 2015 (NSW) if a vehicle is repeatedly breaching parking by-laws, the owners corporation should follow the by-law enforcement pathway (including a Notice to Comply) and then consider NCAT orders if the conduct continues. If the vehicle appears genuinely abandoned or uncollected, the appropriate process may fall under uncollected goods legislation—get advice before attempting removal, towing, or storage.

Taking Legal Action Through NCAT for Strata Parking Breaches

Issuing a Formal Notice to Comply

When informal efforts fail to resolve a parking by-law violation, the first formal step is to issue a Notice to Comply with a By-law. This document officially informs the owner or occupier of the breach and requests that they cease the offending behaviour.

The notice can be issued by several authorised parties within the strata scheme, namely:

• Owners corporation itself
• Strata committee
• Strata manager who has been given the appropriate authority

It is wise to use the model form provided by the NSW Office of Fair Trading. The form’s affidavit of service supplies proof of delivery if the matter later escalates to NCAT.

Gathering Sufficient Evidence for Your NCAT Application

Should you need to apply to NCAT, you must provide comprehensive evidence of the parking violation. A single photograph may not be enough, as the driver could argue they were not in control of the vehicle at the time.

Your documentation must convincingly establish both the breach and the identity of the person responsible. For this reason, modern CCTV systems with facial and licence-plate recognition can link the vehicle and driver, significantly strengthening your case.

To present persuasive material, consider collecting:

• Multiple photographs captured at different times or angles to show repeated or continuous non-compliance
• CCTV footage with facial and licence-plate recognition, which provides conclusive identification of the offender

Filing an Application & Obtaining a Penalty Order

If the person continues to breach the by-law after receiving a Notice to Comply, the owners corporation can file an application with NCAT for a penalty order. The application must relate to a breach occurring within 12 months of the notice, and hearings usually conclude within three to six months.

NCAT’s penalty powers include the following:

• Imposing a monetary penalty of up to 10 penalty units for a breach after a valid Notice to Comply
• In some repeat cases within the required timeframe, imposing up to 20 penalty units
• Costs/legal fees: cost orders at NCAT are not automatic and are typically made only in limited circumstances (seek advice on prospects)

Conclusion

Effectively managing unauthorised parking in a strata scheme requires a comprehensive strategy, encompassing clear by-laws, proactive communication, and an understanding of the legal avenues available through NCAT. The foundation of harmonious strata living lies in mutual respect and the proper use of shared resources, which can be upheld through consistent rule enforcement.

While many parking issues can be resolved through community cooperation, complex situations often benefit from professional legal insight. If you are facing persistent strata parking challenges or require specialised guidance on enforcing by-laws, contact the strata law lawyers at PBL Law Group today for expert assistance and tailored solutions for your illegal parking disputes.