Who can use the visitor parking spaces in a body corporate complex?
In general, visitor parking spaces in a body corporate complex can be used only by genuine visitors, not owners or occupiers. However, in Queensland the term ‘visitor’ is not defined in the Body Corporate and Community Management Act, leaving the industry to rely on dictionary definitions and adjudications from the Office of the BCCM.
An example vehicle parking by-law is set out in Schedule 4 of the BCCM Act. If no specific by-law exists, the body corporate has little recourse if someone, who isn’t a visitor, parks in a visitor space.
Some important rulings include:
- A person who occasionally stays overnight cannot be regarded as an occupier (Summer Waters [2004] QBCCMCmr 244)
- A person who stays overnight on a regular basis may be regarded as an occupier (Gresham Gardens [2006] QBCCMCmr 355)
- A contractor parking in a visitor space could be a visitor or an occupant, depending on who they work for (127 Charlotte Street [2015] QBCCMCmr 19)
Ultimately, the use of visitor parking turns on the validity and enforceability of the scheme’s parking by-law.
Further reading
- Are your by-laws legally valid and enforceable?
- Can a body corporate tow a vehicle from a parking space?
- New laws: reason must prevail when towing cars
- Visitor Parking in Strata – Who is a visitor?
- What are body corporate by-laws?
- Are by-laws legally enforceable?
- How does a body corporate enforce a by-law?
- What can be included in a valid by-law?
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