Parking on common property and in visitor spaces can affect access, safety and the use of shared areas in a community titles scheme. Your parking rights depend on the scheme’s current by-laws and the type of parking area involved.
This guide explains how parking can be regulated, how by-law enforcement works and what a body corporate should consider before arranging for a vehicle to be towed.
What are the parking rules in a community titles scheme?
The Body Corporate and Community Management Act 1997 (BCCM Act) allows by-laws to regulate the use and enjoyment of lots, common property, body corporate assets and services. Parking rules may therefore apply to vehicles using common property or other areas controlled by the body corporate.
The relevant rules are in your scheme’s current by-laws. Check them before parking on common property, using a visitor space or assuming that a parking area is available for your vehicle.
By-laws must be consistent with the BCCM Act and other applicable legislation. They must also not be oppressive or unreasonable, having regard to the interests of owners and occupiers and the use of the common property.
Parking rules may cover:
- where owners, occupiers and visitors can park
- whether approval is needed to use a particular space
- how long a vehicle can remain in a visitor space
- whether a vehicle can obstruct accessways or other common property
- the steps the body corporate can take when a parking rule is breached.
A parking dispute may also involve a nuisance or hazard. Occupiers must not use a lot or common property in a way that causes a nuisance or hazard, or unreasonably interferes with another person’s use and enjoyment of a lot or common property. This also applies when an occupier allows another person, such as a visitor, to use the area in that way.
Can a body corporate control parking on common property?
Yes. A body corporate administers, manages and controls the common property for the benefit of lot owners, and its by-laws can regulate the use of common property. It must do this reasonably.
The body corporate cannot create a new parking rule whenever a problem occurs. The committee should identify the applicable by-law and apply it consistently.
For example, the by-laws may regulate:
- parking in an area reserved for visitors
- parking in a space that requires body corporate approval
- parking that blocks driveways, accessways or facilities
- parking on common property in a way that interferes with other residents.
Owners and occupiers should check the by-laws before parking on common property. The wording can vary between schemes, and a rule that applies in one community titles scheme may not apply in another.
A by-law comes into force when the registrar records the community management statement containing it, or on a later date stated in the by-law.
If you are unsure which rule applies, ask the body corporate manager or committee for a copy of the current by-laws. You can also read our guide to by-laws explained.
What is the difference between visitor parking, common-property parking and exclusive-use parking?
The type of parking area matters.
Visitor parking
Visitor parking is generally part of the common property and is subject to the scheme’s by-laws. The rules may set conditions for its use, including who can park there and how the area is managed.
Do not assume that a visitor space is available for an owner’s or occupier’s regular parking. Check the wording of the by-laws and any relevant signs or scheme arrangements first.
Common-property parking
Common-property parking is controlled by the body corporate, subject to the Act and the scheme’s by-laws. A vehicle parked in a common-property area may breach a by-law if the parking does not comply with the conditions applying to that area.
Parking may also create a nuisance or hazard if it obstructs access or unreasonably interferes with the use of common property.
Exclusive-use parking
An exclusive-use by-law attaches rights to a particular lot. It can give the owner of that lot exclusive use, or other special rights, over an identified part of the common property or a body corporate asset. A car space can be an example of an exclusive-use area.
The area should be identified in the exclusive-use by-law. The rights may also be subject to conditions, including responsibility for costs or maintenance.
An exclusive-use space remains subject to the by-law. It is different from a separate car park within a lot. If another person parks in an exclusive-use space, the issue may be dealt with through the by-law enforcement process. Keep evidence of the vehicle, location and relevant dates, and refer to the specific by-law when raising the issue.
If a vehicle is parked in a car park that forms part of another person’s lot, the lot owner should deal with the issue directly in the first instance. This is different from a common-property space or an exclusive-use area.
How can a body corporate enforce parking by-laws?
A body corporate is responsible for enforcing its own by-laws. It can begin by speaking with the owner or occupier informally or sending a practical letter asking for the parking issue to be resolved.
If the issue continues, the formal process usually starts with a by-law contravention notice. The decision to issue the notice can be made by the committee or by the body corporate at a general meeting.
There are two main types of contravention notice.
Continuing contravention notice
A body corporate can give a continuing contravention notice where it reasonably believes that:
- an owner or occupier is contravening a by-law
- the circumstances make it likely that the contravention will continue.
The notice requires the person to remedy the breach. It must identify the by-law, give enough detail about the contravention, state a reasonable period for fixing it and explain the possible next steps if the notice is not followed.
A continuing parking issue could involve a vehicle being left in a space in breach of a by-law over an ongoing period.
Future contravention notice
A body corporate can give a future contravention notice where it reasonably believes that a person has breached a by-law and the circumstances make it likely that the breach will be repeated.
The notice requires the person not to repeat the breach. It must identify the by-law and the conduct involved, and explain the possible action if the notice is not followed. A future contravention notice generally remains in effect for 3 months, unless the notice states a shorter period.
The notice should be sent to the person the body corporate believes breached the by-law. If that person is an occupier who is not the owner, the body corporate must also give a copy to the owner as soon as possible.
If the person does not comply, the body corporate may start proceedings in the Magistrates Court or apply for dispute resolution.
Owners and occupiers can also ask the body corporate to enforce a parking by-law. The usual first step is to give the body corporate an approved BCCM Form 1 identifying the alleged breach. The body corporate then has 14 days to advise whether it has issued a contravention notice.
The current forms for by-law contraventions are available through the BCCM services and forms page.
For more information, see our guide to enforcing by-laws.
Can a body corporate tow an illegally parked vehicle?
Queensland’s current BCCM Act does provide for towing from common property. Section 163A states that nothing in the Act prevents a body corporate from towing a motor vehicle from common property under another Act or otherwise according to law.
There is also a specific rule where a vehicle owned or operated by a lot owner or occupier is parked in contravention of a by-law and is towed by the body corporate. In that situation, the body corporate is not required to comply with the by-law contravention requirements in chapter 3, part 5, division 4.
A towing decision is not automatically lawful. The body corporate must still act within its legal powers and manage common property reasonably. The decision should be based on the actual parking arrangements, the current by-laws and the circumstances of the vehicle.
Extra care is needed where:
- it is unclear whether the area is common property
- the vehicle may belong to an owner, occupier or visitor
- the parking space is subject to an exclusive-use by-law
- the vehicle is connected with another lot or body corporate
- the by-law, approval or signage is unclear
- the vehicle’s owner disputes the alleged breach.
A body corporate should obtain independent legal advice before towing where ownership, authority or potential liability is disputed. Towing arrangements should not rely only on an assumption that a vehicle is parked in the wrong place.
The decision should also be properly authorised and recorded. Keep copies of the relevant by-law, photographs, correspondence, meeting records and any approval or notice connected with the parking space.
What should a body corporate do before arranging towing?
Towing can be a significant step. Before entering into an arrangement, the body corporate should work through this checklist:
- Confirm the area. Establish whether the space is common property, part of a lot or subject to an exclusive-use by-law.
- Check the current by-laws. Identify the exact rule that regulates the parking area and confirm that it applies to the vehicle and person involved.
- Confirm the authority. Make sure the committee or body corporate has authority to make the decision and that the decision is recorded appropriately.
- Use a consistent process. Apply the same approach to comparable parking breaches and keep evidence of the conduct.
- Consider communication. Clear parking information and signs can help residents and visitors understand the conditions before a dispute occurs. Signage should not replace a valid by-law or legal authority.
- Use a written arrangement. A written agreement with the towing operator should set out the operator’s role, authorisations, records and responsibility for responding to disputes.
- Obtain advice where needed. Independent legal advice is appropriate if the body corporate is unsure about its authority, the classification of the parking area or the risks of towing.
A committee should also consider less serious steps first where appropriate, such as a verbal warning or informal letter. This may resolve an isolated mistake without escalating the issue, while repeated or deliberate breaches may require formal action.
Parking rules depend on the scheme’s by-laws, the type of parking area and the circumstances of the breach, so confirm those details before enforcing or arranging towing.
If your committee needs help reviewing a parking issue or the body corporate’s enforcement process, contact StrataCare at reception@stratacare.com.au.
