VISITOR CARPARKS GET THE CHOP<< Back to Blog
The question of parking in visitors parking areas is often a contentious issue for many complexes. Recent adjudication from the Commissioner of Body Corporate below show how it is viewed by the legal eagles in charge.
The office stated “The provision of designated areas of the common property for visitor parking is a requirement of local government. The number of car spaces is calculated by the local Council according to its formula based on the number of lots, their configuration and other things. These spaces cannot be used by any person other than a genuine visitor.”
“While it may be true that the visitor car spaces may be vacant much, or most, of the time, these are designated visitor spaces required by the local government to be used for visitor’s parking. These spaces are a universal local government requirement for the registration of a community titles scheme, and remain a continuing requirement of the scheme. Even if the body corporate wanted to use these spaces for resident parking, or some other purpose, it is not able to do so…There is no question of any person other than a genuine visitor, being allowed to park in the designated visitor car spaces.”
“This raises the question of what exactly a bona fide visitor is. Owners seem to suggest that people using a unit for holiday accommodation are merely invitees of the owner of the holiday accommodation for the duration of their holiday and are thus “visitors”. It might also be suggested that persons occupying a unit under a short-term lease are similarly classified as “visitors”. The Commissioners office do not agree. Persons staying in a unit for a holiday or under a short term lease would appear to be “occupiers” under the Act.”
So it is that owners and occupiers should NOT utilise visitors car spaces for their own use at any time. Beware that if challenged at the office of the Commissioner for Body Corporate….. it wont be viewed fondly!!
If you have any issues within your complex or would just like to ask a question then please don’t hesitate to contact us at North Shore Body Corporate.