A shared driveway can affect access, parking, safety and relationships between residents. To work out who is responsible, check the scheme’s survey plan, exclusive-use arrangements and by-laws.
Who is responsible for a shared driveway in a body corporate?
A driveway is not automatically common property because several residents use it. The registered survey plan shows the boundaries between lots and common property. Exclusive-use rights may also give a particular lot owner rights to use part of the common property. Check these arrangements before deciding who is responsible for an area.
Where the driveway is common property, the body corporate generally manages and maintains it. The body corporate must administer and control common property reasonably and comply with the maintenance obligations in the regulation module applying to the scheme.
The rules for using the driveway depend on the scheme’s by-laws, the plan and any exclusive-use arrangements. Owners and occupiers should check the by-laws applying to their scheme before raising a parking or access concern.
What are the parking and access rules for a shared driveway?
By-laws regulate what owners and occupiers can do on their lots and common property. Parking is commonly covered, but the exact rules vary between schemes. If your scheme is under the Body Corporate and Community Management Act 1997, the relevant by-laws are generally recorded in the community management statement. Titles Queensland can provide a copy.
Practical expectations usually include:
- parking only in the space allocated to your lot
- following the scheme’s visitor parking arrangements
- not using another owner’s space without permission
- not leaving vehicles where they block or restrict access
- making sure your visitors follow the same rules.
Visitor parking may be subject to scheme-specific conditions. Each complex may have different parking allocations, visitor rules and time limits.
A vehicle can create a nuisance or hazard when it obstructs access to common property or interferes unreasonably with another person’s use and enjoyment of a lot or common property. Occupiers are also responsible for not allowing their visitors to use the property in this way.
Drivers should follow any applicable speed limits, check their surroundings and take care around children, older residents, pedestrians and other vehicles. These are sensible safety measures. They are not a universal body corporate speed rule.
Who maintains and repairs a driveway in a body corporate?
The body corporate must maintain common property in a good and structurally sound condition. This can include a common-property driveway, although the legal status of the particular area must be confirmed first.
The body corporate may therefore be responsible for deterioration, damage or other maintenance affecting a common-property driveway. A lot owner is responsible for maintaining their lot. Responsibility can differ where an area is subject to exclusive-use arrangements or another scheme arrangement.
If you are unsure, obtain the registered survey plan and community management statement. These documents help identify the relevant boundaries, regulation module and by-laws. Titles Queensland can provide copies of both documents.
A repair request should describe the location, the problem and any safety concern. Photographs, dates and quotes can help the committee understand what is needed and decide whether the work is maintenance or an improvement.
What can you do when a vehicle blocks a shared driveway?
Start with a calm, factual approach. If it is safe to do so, contact the vehicle owner or occupier and explain the problem. Take photographs and record when the obstruction occurred, particularly if the issue is repeated.
Clear access benefits residents, visitors, tradespeople and service providers. Avoid moving another person’s vehicle yourself or taking action that could create a safety risk.
If the vehicle appears to breach a by-law, write to the committee or body corporate manager with the evidence and ask for the matter to be addressed. A body corporate manager can help with concerns about by-law enforcement. The body corporate remains responsible for enforcing its own by-laws.
If you are asking the committee to act, put the request in writing and state the outcome you want. Depending on the issue, you may need to submit a motion. Under the BCCM Act, a committee must generally vote on a motion within 6 weeks, unless it has notified the owner that it needs up to an additional 6 weeks.
Can a Queensland body corporate tow an illegally parked vehicle?
Queensland’s current body corporate legislation does not make a Commissioner’s Office or adjudicator’s order the general starting point for every vehicle tow.
The Body Corporate and Community Management Act 1997 provides 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. It also provides that, where an owner’s or occupier’s vehicle is parked on common property in contravention of a scheme by-law and is towed by the body corporate, the body corporate is not required to comply with a requirement under chapter 3, part 5, division 4.
A body corporate can tow a vehicle only where the parking is unlawful or contrary to an applicable by-law, and the towing process must follow the applicable legislation and legal requirements. The body corporate should confirm the process with its towing contractor before making promises about how quickly a vehicle will be removed.
For more information about parking disputes and towing, see parking in a community titles scheme and can a body corporate tow vehicles in Queensland.
How can a body corporate manage recurring driveway disputes?
Clear by-laws and consistent communication can help address recurring driveway problems. The body corporate can explain parking expectations to owners and occupiers, provided the information accurately reflects the scheme’s by-laws and legal powers.
If a person is believed to be breaching a by-law, the body corporate can first speak with them informally. If the issue continues, the body corporate may give a by-law contravention notice that identifies the by-law, explains the breach and states what must be done.
Owners and occupiers can also ask the body corporate to enforce a by-law by giving it a BCCM Form 1. If the body corporate does not respond or issue a contravention notice, the complainant may be able to apply for conciliation after attempting to resolve the issue with the other person.
Self-resolution should usually come first. Communicate in writing, keep relevant evidence and explain the outcome you are seeking. If self-resolution fails, conciliation may be available under the BCCM Act.
You can also read our guide to enforcing by-laws.
Responsibility for a shared driveway depends on its legal status, while parking and obstruction issues should be managed through the scheme’s by-laws and lawful dispute processes. If you need help understanding the arrangements for your scheme, contact our team at reception@stratacare.com.au.
