Two people in our building are parking around a small cul-de-sac on common ground. Body corporate has been approached to ask them to comply, however, they want to ‘keep the peace’. What courses of action can we take? – Hans, QLD
Question: We have a situation where two people in our community are parking around a small cul-de-sac on common ground. They have been approached by the chairperson to respect the community by-laws but they refuse to comply. The committee of the body corporate has been approached to ask them to comply, however, they wish to ‘keep the peace’. My concern is that the parking in this area, highlighted by WHSO as being dangerous, also poses a potential threat in the event of an emergency. What courses of action can we take to require compliance to the by-laws when the committee, who has been compromised, is refusing to act?
– Hans, QLD
Answer: The body corporate has by-laws, being a set of rules that a body corporate makes to control and manage the common property, body corporate assets, services and facilities provided by the body corporate and the use of the lots. Within the by-laws you would have reference to management of vehicles. Without sighting the by-laws for your complex, the content of the by-law would usually include the following:
(1) The occupier of a lot must not:
(a) park a vehicle, or allow a vehicle to stand, in a regulated parking area; or
(b) without the approval of the body corporate, park a vehicle, or allow a vehicle to stand, on any other part of the common property; or
(c) permit an invitee to park a vehicle, or allow a vehicle to stand, on the common property, other than in a regulated parking area.
(2) An approval under subsection:
(b) must state the period for which it is given.
(3) The body corporate may cancel the approval by giving seven days written notice to the occupier.
The committee is in charge of the administration and day-to-day running of the body corporate, making decisions on behalf of the body corporate and actioning the lawful decisions of the body corporate.
Reasonable steps should be taken to resolve issues, and if unresolved, there is a formal dispute resolution process.
• You may wish to communicate with the person involved (preferably in writing, as this may be needed as evidence of self- resolution later on).
• Present a motion to the committee.
• Present a motion to a general meeting.
You have the option of approaching the committee and request it writes to the tenant /resident/occupier. If you want more information you can contact the Commissioner’s office on 1800 060 119 or go to www.qld.gov.au/law/housing-and-neighbours/body-corporate/disputes/conciliation.