Painting lines to create parking spaces | Parking Peeves | Flat Chat Forum: Your Questions Answered




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Painting lines to create parking spaces
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gwyn
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15/12/2017 - 5:08 pm
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I own a lot in a strata plan of 32 single storey units/villas.  On the Strata Plan map the boundaries of the lots are shown, outside of which there is blank space, presumably Common Property but not actually stated on the plan.  Each unit has a single garage.

At the complex, at some stage someone has had lines drawn on the asphalt indicating car parking spaces.  There are about 26 such spaces.  However there is no by-law stating that these are car parking spaces, and they are not identified in any paper work as to who the parking is for.  It has been accepted for years that the spaces are for anyone (resident,visitor,trades vehicle etc) to park.

One of the residents is creating a fuss to state that the areas with the lines is all Common Property and therefore no cars should be permitted to park there without specific approval, or a by-law to state this. 

The Strata Committee would rather avoid the cost of creating a special by-law to identify these parking spaces as such, but is there any other solution?  

And I ask whether it is an accepted practice in other strata plans that if a parking space on common property is shown by painted lines, or a painted sign saying PARKING, that is sufficient to make it so.

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JimmyT
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18/12/2017 - 11:48 pm
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gwyn said
One of the residents is creating a fuss to state that the areas with the lines is all Common Property and therefore no cars should be permitted to park there without specific approval, or a by-law to state this. 

The Strata Committee would rather avoid the cost of creating a special by-law to identify these parking spaces as such, but is there any other solution?  

The fact that there are no parking places marked on the strata plan suggests that this was not part of the planning approval for the scheme.  Thus, any attempt to formalise the arrangement through by-laws could be challenged (as you can’t create a by-law that supersedes a superior law).

However, if you have the very common by-law that says you can’t park on common property without permission, all the committee has to do is pass a motion giving residents and visitors permission to park on the designated areas provided they obey certain restrictions (like, not being in the same spot for more than 12 or 24 hours, or whatever works).

Common property is there for the common good and as long as no residents rights are infringed, or the privileges aren’t unfairly distributed, and the law isn’t broken, semi-formal arrangements such as I have outlined here are perfectly acceptable.  

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M S
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19/12/2017 - 8:22 am
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I live in an 8 dwelling property, with only the lots and unmarked common areas shown on the strata plan.

  • Each unit – even the 3 Bedroom ones – has a single garage within the lot.
  • Two lots (2BR) have sufficient room inside the lot to park a second car.
  • The DA did not mention marked car spaces (or any parking).

One of our most common parking issues is the owner or occupier who arrives with multiple vehicles. They think the Strata Committee and strata managing agent are stupid for trying to restrict parking on lawns, in front of garages, on concrete and in other common areas. 

Following an AGM years ago, the agent & Committee met (informally) with Council. Their planner said that 1990s DAs often didn’t mention parking but a developer’s plans weren’t approved until they complied with Council’s code. At that time, this meant sufficient room on common areas for one visitor space for each two lots, plus one. In our case that meant five. They did not have to be marked.

So we painted five spaces of the required width to meet Council’s then-code for parking. Each was labelled as “visitor” parking. We were told that we didn’t need a Council consent for this work, and that standard by-laws controlled any mis-use.

Just to complicate it, one tenant has requested that one of the marked spaces be formally allocated to them (and has offered to pay rent for it).

Your responses suggest that we might not be able to enforce the arrangement we already have, let alone any exclusive use arrangement?

Thanks for posting.

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JimmyT
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19/12/2017 - 9:00 am
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M S said
Your responses suggest that we might not be able to enforce the arrangement we already have, let alone any exclusive use arrangement?

No, I think you are OK, provided you have the council advice in writing.  I even think you might get away with letting one space as there is no specific, formalised planning requirement (although I would strongly recommend against it, as it would create a precedent).

The question of enforcement arises when you have, for instance, a resident who uses visitor parking in breach of your by-laws and you then hit them with a Notice To Comply.

And the best way to get around that is to make sure your by-laws are absolutely clear on what constitutes visitor parking, who can use it and how long their vehicle can stay (with written permission required for longer term visitor parking).

The previous poster wanted to control their informal visitor parking without a by-law.  I should have said in my response that, regardless of the expense, a by-law was the way to go.

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M S
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19/12/2017 - 7:30 pm
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Thank you for the info. As always, Flat Chat is helpful!

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