Parking across garage entrances and on common property

Question

Could you please clarify the laws regarding parking on non-allocated parking areas on common property in Victoria? For example, if someone is to park across a garage entrance. What are the implications for parking in such areas?

Answer

An excellent place to start would be your property’s building rules. There may be existing rules already in place for your owners corporation that outlines how improper and unpermitted parking is handled. If not, it is possible to restrict the use of this area for parking and other activities that may obstruct the entrance or exits of a garage through a special resolution.

The first step is to have a friendly and polite conversation with the car owner, who is parking in non-allocated areas. They may not be aware they are causing any inconvenience. If this doesn’t help, your options include an internal dispute resolution through your committee or by taking the matter to Consumer Affairs Victoria and submitting a complaint to the Victorian Civil and Administrative Tribunal. Do bear in mind this process can be lengthy and costly, depending on the nature of the case.

We have a range of articles that provide more information about parking on common property and general community living issues. Check out our article on six ways to deal with parking on common property here.

Alternately, if you need help drafting or reviewing building rules, visit Kemps Petersons Legal for affordable and specialised advice here.