I live within a set of units that has seven (7) car park bays set aside on common property for visitor usage. However, there are three (3) of the current owners who continually park their second vehicle there, thus restricting visitor parking. I have reviewed the Model Rules for an Owners Corporation – Schedule 2, Item 3.2 set out below.
An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle—
s.3.2(a) provides that an owner must not park in a parking space allocated for another lot;
s.3.2(b) provides that must not obstruct a driveway, pathway or entrance with a vehicle;
s.3.2(c) provides that an owner must not park on an area of common property that is not allocated for parking
The response I received from our Body Corporate Management specialist is set out below:
"As such while owners may currently be parking within a parking space marked ‘visitor parking’ there is no technical breach as the area is a designated area for parking on common property.
Therefore the only way to prevent Owners or other residents from utilizing or restricting use of the area is by way of Special resolution as previously communicated".
Q - Is this response correct?
An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle—
s.3.2(a) provides that an owner must not park in a parking space allocated for another lot;
s.3.2(b) provides that must not obstruct a driveway, pathway or entrance with a vehicle;
s.3.2(c) provides that an owner must not park on an area of common property that is not allocated for parking
The response I received from our Body Corporate Management specialist is set out below:
"As such while owners may currently be parking within a parking space marked ‘visitor parking’ there is no technical breach as the area is a designated area for parking on common property.
Therefore the only way to prevent Owners or other residents from utilizing or restricting use of the area is by way of Special resolution as previously communicated".
Q - Is this response correct?