Posted:  3 February 2021        Updated:  3 February 2021

Parking at Sunrise Apartments is governed principally the NSW Strata Schemes Management Act 2015 and Regulations (including Owners Corporation By-laws).  Some aspects related to parking, eg. clamping or disabling vehicles (NSW Local Government Act 1993) is covered by other legislation.  NSW Fair Trading also have plain English documents that clarify Owners Corporation powers, the obligations of Owners, their visitors and others bringing vehicles on-site.

What is a Vehicle?

A vehicle is considered to be any motorised equipment (fuelled or electric) that can be driven or a wheeled item that can be towed, pushed or pulled.

The foregoing includes trailers, bicycles, ride-on mobility scooters, mowers to cite a few items.  The list is not exclusive.

Owners Corporation By-Laws

The principal By-law affecting parking at Sunrise Apartments in By-law 1 - Vehicles, which states:

"An owner or occupier of a lot must not park or stand any motor or other vehicle on common property, or permit a motor vehicle to be parked or stood on common property, except with the prior written approval of the Owners Corporation or as permitted by a sign authorised by the Owners Corporation."

The By-law is designed to ensure that ingress and egress to Sunrise Apartments is not impeded, while ensuring that service vehicles, eg. waste removal trucks and emergency vehicles are able to easily attend on-site emergencies.

Lot Owners Rights and Responsibilities

Lot Owners are permitted to properly park vehicle(s) in their Lot parking bay(s).  It is appropriate to note that the discharge or release of fluids or other materials from a vehicle whilst parked in the Owner's parking bay is also subject to separate By-laws regarding keeping a lot tidy.

Lot Owners are also responsible for ensuring that visitors to their Lot (Apartment), be they friends, family, associates, trades persons, etc comply with By-law 1.  Visitors may use Visitor Bays (and those with an appropriate Mobility Parking Scheme permit - the Disabled Bay) for a reasonable time.  The normal test is that the person visiting must be on-site while the vehicle is parked in a Visitor Bay.  Reasonable exceptions may be a support worker who parks their own vehicle in a Visitor Bay while using the Resident's vehicle to assist them in daily activities.

Lot Owners are not permitted to park in "No Parking", "Turning Bay", "Loading Zones" on any part of driveway areas, gardens and any other Common Property.  Exceptions allowed are using the "Turning Bay" and/or "Loading Zone" temporarily for loading and unloading - typically associated with removals or the delivery of bulky items.

Tenants Rights and Responsibilities

All rights and responsibilities applying to a Lot Owner extend to Tenants with respect to Parking.  The Lot Owner is directly responsible for ensuring through Tenancy/Lease Agreements, their Property Manager or other means that their Tenant is aware of their obligations with respect to Parking.

The Lot Owner is directly responsible for any By-law Breach related to parking and the payment of any costs or fines (determined by the NSW Civil and Administrative Tribunal (NCAT) that may arise from the breach of By-laws.

Other Persons

A person in charge of a vehicle who is not visiting or providing a service to a Lot Owner or the Owners Corporation may not bring a vehicle onto the Sunrise Apartments site. Ambulance, Fire and Police, acting in discharge of their duties, are excepted at all times.

By-law 1 Breaches

The Owners Corporation takes the breach of By-law 1 very seriously and will take action to ensure that parking on-site is both orderly and appropriate.

Lot Owner (or a Tenant) Parking on Common Property

If an Owner or representative of the Owners Corporation identifies that another  Lot Owner (or their Tenant(s)) are parking on Common Property, a Date/Time Stamped photograph of the vehicle clearly showing the Registration Plate (if any) should be taken and immediately forwarded to the Strata Manager advising of the Lot that is in breach of the By-law.

A Notice to Comply (with the By-law(s) breached) will be issued to the Lot Owner.

A Lot Owner in receipt of a Notice to Comply (with respect to parking), either:

1. Advise the Strata Manager if the vehicle is not under their care or under the care of a person visiting their lot; OR
2. Promptly ensure the vehicle is removed from Common Property and that it is not parked on Common Property again.

A repeated breach of By-law 1 by a Lot Owner (or their Tenant(s)) will result in a further Notice to Comply.

In the event that a third breach occurs a further Notice to Comply will be issued AND the matter will be referred to NCAT.

The Tribunal has authority to issue a penalty to the Lot Owner of up to $1,100.  If the Lot Owner (ot their Tenant) breaches the By-law within the next 12 months, NCAT can issue a further penalty notice of up to $2,200.

The Sunrise Apartments Owners Corporation will pursue continued breaches of By-law 1 to the fullest extent.

Visitor Use of Visitor Bays (excluding Disabled Bay)

The Sunrise Apartment complex has both ground level and basement Visitor Bays.

In the event that an Owner or representative of the Owners Corporation believes a vehicle using a Visitor Bay (not being a Lot Owner or  Tenant vehicle)  an unreasonable amount of time or inappropriately, Date/Time Stamped photos taken over a reasonable period of time should be forwarded to the Strata Manager with any additional details, eg. parked in same bay for three (3) days.

The Strata Manager will arrange for an appropriately worded Notice to Remove the vehicle tol be affixed to the vehicle windscreen in a water proof envelope.  Photographic evidence will also be kept supporting the Owners Corporation concerns and the placement of the notice.

If the vehicle is not removed in the specified time frame, the vehicle will be towed away at the end of the notice period - presently five (5) days.

The Owner of the vehicle, may on production to the Strata Manager of:

• suitable identification;
• proof of vehicle ownership; and
• payment of the towing charge,

will be provided with the contact details of the towing service.

Release of the vehicle from the towing company will be subject to payment to the towing company of any storage and other charges.  It should be noted that generally after 3 months towing companies seek appropriate authority to dispose of a vehicle at auction or by other means in order to recoup storage costs and release space in their facility.

Having regard to the foregoing it is encumbent upon a person receiving a Notice to Remove a vehicle to either remove it permanently from site OR advise the Sunrise Apartments Strata Manager of their reason for using the Visitor Bay.  The Strata Manager will ensure that this information is properly recorded in Owners Corporation records, if the explanation given is considered to be reasonable.

Disabled Bay Parking

The same provisions apply to the use of the Disabled Parking Bay; however, a vehicle parked in this bay that is not displaying an appropriate permit is illegally parked and may be reported to the Strata Manager immediately an Owner or Owners Corporation representative identifies the breach.

The same process will apply as for normal Visitor Bays; however, the only option for the vehicle Owner is to remove the vehicle immediately.

Parking on Common Property other than Visitor Bays

Parking in "No Parking", "Loading Zone", "Turning Bay", driveway, garden or any other common property areas is illegal.

After the Strata Manager receives properly date/time stamped photographic evidence arrangements will be made to place a Notice to Remove (the vehicle).  In the event that the vehicle has been moved and re-offends at a later date further photographic evidence will be taken and the Notice to Remove will be placed.

At the end of the notice period the vehicle, if parked on-site illegally again, will be towed immediately.  The Owners Corporation towing company operates 24/7 thus illegally parked vehicles could be towed overnight.

Business Vehicles (displaying Business Names)

The Owners Corporation recognises that various trades and other services need to bring their vehicles on-site generally during business hours - noting that parking elsewhere is difficult.  In this regard the Owners Corporation has a relatively lenient approach to business vehicles displaying their business name as long as the vehicle is parked appropriately.

Notwithstanding, it is noted that after business hours the business owning a vehicle parked on common property will receive a notice to not park on-site.  In the event that the business is unable to show good reason for parking on-site and continues to park illegally, the Owners Corporation will take all reasonable action necessary to ensure that the vehicle does not come on-site again - including, but not limited to, the supply of trades and services to an Owner or the Owners Corporation.