Strata Parking - Unmarked Secure Parking Spot Issue

Discussion in 'Property Law Forum' started by Jonathan, 3 July 2014.

  1. Jonathan

    Jonathan Member

    3 July 2014
    Likes Received:
    I work in a building with secure parking.
    All parking spots are allocated by rental agreements .
    I have recently started driving and parking in an unmarked spot.

    I have received a notice from strata/building management threatening me to stop using that spot because the "parking spot owner has complained", otherwise they will remove my plates and hand them into the local police station.

    Can someone please advise if this is legal and should this occur, what my rights are?
    (I have since moved my car to a different parking location, but I just want to learn a little more about my rights.
    Also, what action(s) are the building managers allowed to take to remove a parking offenders?
  2. Amanda E

    Amanda E Well-Known Member

    9 April 2014
    Likes Received:
    Hi Jonathan,
    You mentioned that parking spots are allocated by rental agreement - do you have a rental agreement allocating you a park?
    What do the terms of use of the car park say? Do you have a copy of the rules? They will usually set out the rights of the building managers to deal with parking offenders.
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  3. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    28 April 2014
    Likes Received:
    1. Why not use your allocated spot?

    2. Just because it's not signposted does not mean that it is not allocated to somebody.
      For example, a particular spot may be described in that tenant's lease document,
      but not otherwise.

    3. Even if it's not signposted etc, common property (that's a term from strata lingo)
      does not operate as "free parking" for the benefit of one tenant ahead of others.

    4. Write back to (don't ring) the strata manager and ask to see the complaint,
      and/or to be given the name of the "owner" (which, if it means one of your fellow tenants is an absurdity anyway).
      You can expect to be told "no" for some spurious privacy based reason.

    5. See item 1
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