Could you please advise how I can find out if an amendment has been passed and if it has, could you also advise what limitations the OC can impose on the types of situations that it considers constituting legal parking? – Ruth, VIC

Q: Understanding that there are no provisions in the act re visitors parking but that the OC can make a motion and implement this if approved by owners, I am having difficulty gaining a straight answer from the OC as to whether this action has been taken and approved. The manager just refers to the written notice which designates the parking area for visitors only and the OC respond by referring to visitors parking in tenant’s spaces or tenants parking in other tenant’s spaces.

As an owner, if this amendment has not been passed, do I have the right to use a “visitors” space, for a few hrs and only occasionally, even though not visiting within the appt complex? Do I have the right to allow access to a friend, by providing my fob, occasionally? He is a tradesman and finds it difficult to find on-street parking, plus he is then obliged to empty his vehicle of all tools.

Could you please advise how I can find out if an amendment has been passed and if it has, could you also advise what limitations the OC can impose on the types of situations that it considers constituting legal parking? I believe there is no definition available of a “visitor”. As stated, I am unable to get a straight answer from the OC so I would appreciate your advice.

 

A: Decisions around building rules may be found in your meeting minutes. You may wish to refer to previous meeting minutes to understand what decisions were made around the issue of parking.

If no amendments have been made, or considered decisions are not acted on, it may be difficult to enforce anything. Although it is not recommended, you may be able to use visitor parking and provide your friend with a fob to allow access. It is recommended, however, that you ensure no one else’s entry/exits are blocked as this could raise more issues and difficulties.

It may be worth bringing the topic up again as a motion during your next meeting to properly define what a visitor is for your property, and make some clear rules around parking in visitor spaces, exceptions, etc. to close out the matter