What are the rights of tenants parking cars in the shared driveway, which is obstructing me when I go to drive out? – Mohit, VIC

Q: What are the rights of tenants parking cars in the shared driveway, which is obstructing me when I go to drive out?

I am an owner in one of three units in a subdivided property. There is a shared driveway leading to unit 2 and unit 3’s garages.

Tenants of unit 2 have now started parking one of their cars outside their garage, which is obstructing me when I drive out of my driveway. Every time I need to drive out I need to ring their doorbell to move which is very annoying. What if need to drive out in an emergency?

Can you please advise whether they are allowed to park in a shared driveway?

 

A: Generally speaking, you are allowed to park in a shared driveway, however, you must not park in a way that obstructs another person’s entry/exit way.

We recommend checking your building rules as these issues should be addressed there. You may also wish to talk to the owner who is renting the unit and let them know of the issues the tenants are causing. Alternatively, you may wish to speak with your owners corporation manager if one is present. The owners corporation manager should be able to address the issue and assist you.

If there are no proper building rules around parking on shared driveways relating specifically to not blocking the path of other owners, you may wish to have one drafted and registered. This will mean that there is an official rule that will apply to your owners corporation property that disallows people from parking in ways that will obstruct your path to enter and exit. It will also mean that notices, warnings and even fines/consequences can be issues for anyone breaking the rule.

This article from PICA Group outlines 6 ways to deal with parking problems and provides more information on the matter. Click here to read more.

For more information on building rules and how you can have one registered, try Kemps Petersons Legal who are the experts in owners corporation building rules. Click here for more information.