Illegal parking on common property has to be one of the biggest issues faced by Building Managers.

In short, residents or their visitors are not entitled to park in other lot owners’ spaces, on common property or in spaces allocated to emergency vehicles. Visitors can only park in allocated visitors’ spaces for a reasonable time, or as indicated in any signage. If an individual’s lot does not come with a car parking space, then that resident cannot park in the strata scheme.

A resident may negotiate with the Owners Corporation to obtain exclusive use of part of the common property to park a vehicle.

An Owners Corporation may wish to control parking on the common property through the use of signage, security guards or parking barriers, such as bollards or key card systems.

Council Enforcement of Parking

In NSW, Council rangers may inspect strata schemes in their area to ensure the number of emergency and visitor parking spaces allocated in the development consent is complied with. They may fine the Owners Corporation if these requirements are not met.

An Owners Corporation may also enter into a commercial agreement with the local Council for Council rangers to oversee parking on the strata scheme. Under the agreement, rangers would be empowered to issue parking infringement notices like for parking offences on public streets. If someone was issued a notice, and disagreed with it, they could make representations to the Council or have the matter dealt with by the Local Court.

To arrange for Council parking management services in the strata scheme, the local Council must first agree to enter into an agreement. Next, the Owners Corporation must pass a by-law to enter into the agreement and pay for the service. The agreement should set out all the terms clearly, and the Council may retain all, or the majority of, fines issued. The Owners Corporation would need to provide access for the Council to install the required parking signage, and address any maintenance and Work Health and Safety issues.

Vehicles obstructing Common Property

An Owners Corporation can move a vehicle that blocks an exit or entrance or otherwise obstructs the use of common property. An Owners Corporation can only move the vehicle after it has placed a notice on the vehicle (which is at least A4 in size and weather-proof and contains the same content as the notice required for removing abandoned goods).

The Owners Corporation can move the vehicle to another area of the common property or to the nearest place that it may be lawfully moved. The Owners Corporation should take due care not to damage the vehicle. The Owners Corporation can apply to the Tribunal to recover the costs that would typically be involved in moving the vehicle.

Liability limited by a scheme approved under Professional Standards Legislation
Disclaimer – This article is provided for information purposes only and should not be regarded as legal advice.

 

 

THE MBA PARTNERSHIP ACCOUNTANTS

Management Rights Accountant

PAUL GAFFNEY | MANAGEMENT RIGHTS

The MBA Partnership is one of the most experienced firms of management rights accountants in Australia. Many of their clients are new to the management rights industry, and with over 30 years experience in management rights they have the expertise to help you set up correctly from the beginning. From due diligence, accounting, taxation and auditing Paul and his team can guide you through the entire process.

Phone: +61 7 5557 8700

LEVEL 3 "PIVOTAL POINT"' 50 MARINE PARADE SOUTHPORT QLD  4215

pgaffney@mbapartnership.com.au | managementrightsaustralia.net 


 

Management Rights & Motel Finance P/L

Mark Ryall

 Mark Ryall | MANAGEMENT RIGHTS

Management Rights and Motel Finance Pty Ltd is an industry leader in providing specialist finance needs to companies and individuals embarking on the purchase of a Management Rights business. Mark and his team is dedicated to helping you with all your management rights and motel finance needs! We work around the clock to make sure you receive the best deals.

Suite 4, Level 2 / 247 Bayview St Hollywell QLD 4216

Phone: 07 55641100 | 0419 640 215
Fax:     07 30140108

mark@mrmfinance.com.au | www.mrmfinance.com.au

Australian Credit Licence No: 378366


 

Management Rights Articles

  • THE PROBLEM WITH DEEDS OF CONSENT IN NEW SOUTH WALES

    Financiers of management rights purchases commonly require the owners corporation to enter into a deed of consent to security (“consent deeds”). The problem is that there is nothing in the NSW strata legislation that requires an owners corporation to agree to enter into such a deed – even on the most reasonable of terms.

    Consent deeds, also commonly called “right of entry deeds”, act as security over the management rights in the event of a default by the caretaker.

    The deed allows the financier to ensure its security is not jeopardised if the caretaker is in default of its loan agreement. 

SMALL MYERS HUGHES LAWYERS

COL MYERS | MANAGEMENT RIGHTS

SMH Lawyers handles all aspects of a Management Rights transaction from establishing, purchasing and selling Management Rights to advising bodies corporate on strata related issues and disputes. Col Myers and his team of experts is constantly exposed to all aspects of the management rights industry which means they can proactively advise when and how to best handle management rights to work effectively for individual scenarios.

Phone: +61 7 5552 6604 | Mobile: +61 417 620 516

Level 2, 17 Welch St Southport Qld, 4215

info@smh.net.au | www.smh.net.au  


 

Management Rights Brokers

 

 

 

 

 

Narelle Filmer | Linda & Wayne Stoll

Think Management Rights’ is a division of the nationally recognised First National Real Estate franchise. This team of specialist brokers operate throughout the state of Queensland. With over 15 years as owners, managers and sales agents in Management Rights industry, this team has a great deal of knowledge and experience to bring to the MRA seminars.

Wayne and Linda Stoll | Listings: Sunshine Coast / Gold Coast Region
Phone: 0452 181 505
wayne@thinkmanagementrights.com.au | linda@thinkmanagementrights.com.au 

Narelle Filmer | Listings: Gold Coast / Brisbane Region
Phone: 0459 229 744
Email: narelle@thinkmanagementrihgts.com.au  

www.thinkmanagementrights.com.au 


 

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