Strata parking rules
If you own a car, check whether your lot includes a parking space and how you are allowed to use that space.
Key information
- Residents can only park in resident parking spaces and visitors can only use visitor parking spaces. No-one can use parking reserved for emergency vehicles.
- Check for signage indicating which parking spaces are reserved for visitors and any stated time limits.
- The owners corporation can use signs, security guards, key card systems or parking barriers to control parking on common property.
- The owners corporation can take action against owners who break parking by-laws.
Did you know?
Where residents can park
Residents are only allowed to park in the spaces allocated to them. They cannot use parking for visitors or emergency vehicles.
Residents should check that their lot entitlement includes a car space.
Applying for a parking space
If there are no parking spaces allocated to them, owners can consider applying for a common property rights by-law to allow them to park on common property:
- The owner should contact the secretary of the owners corporation or the strata manager to seek to use part of the common property.
- The owners corporation must get written agreement to the by-law from each owner who receives a special right or privilege.
- The owners corporation will need to vote on the proposed common property rights by-law through a special resolution (with no more than 25% of votes against it).
- The by-law must specify who will be responsible for maintaining the common property – the owners corporation or the owner who seeks to use the common property.
Where visitors can park
There should be signage indicating which parking spaces are reserved for visitors. Signs may limit how long a visitor can park in the space.
Strata schemes are private property. If there is no visitor parking available, visitors should park elsewhere.
What the owners corporation can do
The owners corporation can control parking on common property by using signage, security guards, key card systems or parking barriers.
If they believe a vehicle has been abandoned on common property, there are rules on the steps to follow.
Penalties may be issued if an owner breaks any parking by-laws.
Learn more about how penalties can be given for breaking a by-law.
Penalties
Most strata schemes have by-laws on parking. If they are breached, penalties apply.
- The owners corporation serves a notice on an owner or occupier to comply with the by-law being breached.
- If the by-law is breached after this, the NSW Civil and Administrative Tribunal can order a person to pay a penalty of up to $1100.
- If the by-law is breached again within 12 months, the penalty can double.
Strata parking fines
Sometimes strata schemes get their local council to provide parking management services.
This means the council can issue parking fines like they do on public streets.
If you disagree with a council-issued fine you need to contact the council to dispute it.
Owners corporations cannot issue parking fines themselves.
Common questions
Are strata parking rules enforceable?
As long as the parking rule is not inconsistent with any state or federal laws, it is enforceable.
The owners corporation must register the by-law with NSW Land Registry Services within six months of its approval in order for it to be valid and legally enforceable.
Someone's parking in my spot
In most cases, if a car has parked in your spot, there's been a mistake. Many strata car parks don’t mark the individual spaces with the unit numbers to protect the safety of the residents.
Try placing a note under the wind-screen wiper, pointing out the error to the car owner. usually, the car owner did not realise and won’t park in your space again.
If the situation isn’t resolved with a simple note, the next step is to contact the strata manager or secretary on the strata committee.
Need more help?
Contact Fair Trading
If you have any further questions about strata, you can contact Fair Trading via phone or in-person at a Service NSW centre.
Related information
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