Recently the NSW government introduced amendments to Strata Laws.
One of these amendments was to restrict parking areas for owners and residents. Owners and residents must only park in allocated parking spaces and may face a fine or penalty should they park in a space that is not allocated to them.
The owners corporation may control their own parking rules in relation to common property. Alternatively the owners corporation may enter into an agreement with local Council to authorise Local Council to enforce restricted parking spaces by way of a penalty or fine.
If for instance parking spaces are reserved for particular shops in a strata block and members of the public use those spaces, but are not a customer of the nominated shop, council may issue them with a parking fine in the same way as would occur if a person breached a parking restriction on council parking areas. Additionally it is also possibly for the vehicle, if it remains parked illegally, to be towed away if certain procedures are followed.
If the owners corporation control their own parking rules, a breach of those rules may result in the following:
- The owners corporation serving a notice on the owner/occupier that they have breached the rules
- If the rule is breached again, the NSW Civil and Administrative Tribunal (NCAT) can order a person to pay a penalty of up to $1,100; and
- If the rule is breached again within 12 months, the penalty may double, up to $2,200.
It is important to be mindful of the above amendments so as to avoid any fines or penalties that may result from breaching any Owners corporation by-laws in relation to parking on strata common property.