Body Corporate FAQs
Who can use the visitor parking spaces in a unit complex?
The Role of Visitor Parking Bylaws
The term ‘visitor’ is not defined in the Body Corporate and Community Management Act, so the industry has had to rely on dictionary definitions, adjudications from the Office of the BCCM and occasionally on plain common sense.
At the core of all disputes about who can park in a scheme (and where they can park) is the vital role of visitor parking bylaws that can be validly enforced.
Defining ‘Visitor’
A simple example by-law is set out in Schedule 4 of the BCCM Act. Unless a body corporate has a specific by-law related to visitor parking then there is no recourse against someone perceived to be over-staying in a visitor space. Hynes Legal offers a free by-law review to assess the validity of by-laws in a scheme’s Community Management Statement (CMS) to ensure the protections that a body corporate is seeking to maintain.
Important Adjudications
The dictionary defines a ‘visitor’ as someone who visits, which includes:
- to pay a call on as an act of friendship or courtesy;
- to reside with temporarily as a guest;
- to go to see or stay at a place for a particular purpose;
- to go or come officially to inspect or oversee.
Sanctity of Visitor Parking Space
While the definition of ‘visitor’ is quite broad, the issue of how long their vehicle can acceptably stay in a visitor space has exercised the Office of the BCCM in multiple adjudications.
Some important rulings include:
- A regular visitor who occasionally stays overnight cannot be regarded as an occupier (Summer Waters [2004] QBCCMCmr 244)
- A regular visitor 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 sanctity of the visitor parking space comes down to the strength of the by-law that governs its use and the actual use in itself. If in doubt, get in touch with us to review your CMS.
Further reading
There are no quick fixes to visitor parking: https://blog.hyneslegal.com.au/there-are-no-quick-fixes-for-visitor-parking-issues