Can the body corporate rent vacant parking spaces out to a resident with the fees going into the administrative account? – Michael, NSW

Q: Our complex has a number of visitor spots 15 for 58 units. some owners have more cars than allocated spaces. Can the body corporate rent these vacant spaces out to a resident, with the fees going into the Administrative account? The complex is secure with restricted remote access only and there is no intention to allow sub-letting to non-residents.

A: You are allowed to rent vacant parking spots to residents, however, there are limitations. We recommend referring to the strata plan in the first instance to ensure the car parking spaces are indeed common property and not designated to any one lot. There are cases where visitor spaces are assumed because of a lack of clearly or incorrectly placed signs.

You may also need to ensure that written permissions haven’t been provided to any residents, as well as checking with your local council to ensure they aren’t contravening any requirements regarding the number of visitor spaces available.

Once you have the all-clear, considerations for deed of agreement to rent (including terms and how to manage rental invoicing), processes for non-payment and restrictions of use are to be handled.

You may wish to consult with a strata solicitor for advice and drafting of any deeds and motions for approval to present in a general meeting. If you require help with this, we recommend our strata legal experts Kemps Petersons Legal.