Council parking Rangers and illegal parkers

Wouldn’t it be easier just to install bollards in the visitor car spaces & by default leave them locked? Either distribute bollard keys to residents or make them easily available to residents who have a need for a visitors car park.

@lefty said:
If an outsiders car is illegally parked in the spot , a resident raises and locks the bollard … I can’t see any legal issues with this, but who knows?   

I do.  It’s an offence to “detain” someone’s car with a fine of up to $2200 under the Local Government Act.  It’s worth having a look (below) as it is highly relevant to what you can and can’t do in strata parking areas.  

LOCAL GOVERNMENT ACT 1993

SECT 651B Immobilisation of vehicles
(1) A person must not immobilise a vehicle owned by any other person by means of wheel clamps, or by means of any other device prescribed by the regulations, except with the consent of that other person. Maximum penalty: 20 penalty units.

(2) This section does not affect any right to immobilise a vehicle that a person may have:
(a) as the driver or person in charge of the vehicle, or 
(b) under the terms of a court order, or
(c) under the terms of a credit contract (within the meaning of the National Credit Code as set out in Schedule 1 to the National Consumer Credit Protection Act 2009 of the Commonwealth) in force with respect to the vehicle, or
(d) under Part 7.6 of the “ Road Transport Act 2013 .

(3) For the purposes of this section, an owner or occupier of premises is not in charge of a vehicle merely because the vehicle has been left on those premises.

SECT 651C

Unlawful detention of vehicles

(1) A person who takes possession of a vehicle that has been left on premises must not:
(a) fail to release the vehicle on demand to any person having a lawful right to the possession or control of the vehicle, or
(b) demand any payment for or in relation to the release of the vehicle. Maximum penalty: 20 penalty units.

Section 650A

Strata parking areas and community scheme parking areas

(1) The driver of a vehicle parked in a strata parking area or a community scheme parking area established under this section otherwise than as permitted by a notice or sign erected by the council is guilty of an offence. Maximum penalty: 5 penalty units.

(2) The terms of the notice or sign may relate to any one or more of the following:
(a) the time during which residents or visitors may use the parking area,
(b) the maximum period for which a vehicle may be parked in the parking area (or in any part of the parking area),
(c) the designation of a parking space within the free parking area as a space for the sole use of persons with disabilities.

(3) For the purposes of this section, a vehicle parked otherwise than as permitted by any such notice or sign includes a vehicle parked in a parking space designated as a space for the sole use of persons with disabilities, unless:
(a) a parking authority for a person with disabilities is displayed on the vehicle in the manner specified in the authority, and
(b) the conditions specified in the authority are being observed, and
(c) the authority is in force.

(4) If spaces in which a vehicle may be parked in a strata parking area or community scheme parking area are marked by the council or the owners corporation or association (for example, by means of painted lines or by studs, pads or plates), a person must not cause a vehicle to be parked in the parking area:
(a) otherwise than in such a parking space, or
(b) in a parking space in which another vehicle is parked, or
(c) so that any part of the vehicle is on or across (or partly on or across) any line, stud, pad, plate or other mark defining the space or so that the vehicle is not wholly within the space. Maximum penalty: 5 penalty units.

(5) The driver of a vehicle in a strata parking area or community scheme parking area must at all times observe and comply with any reasonable direction of any authorised person regarding the parking or movement of the vehicle within the parking area. Maximum penalty: 5 penalty units.

(6) The owners corporation of a strata scheme under the Strata Schemes Management Act 2015 may enter into an agreement with the council under which part of the common property of the scheme is set aside for use as a strata parking area and the council exercises functions under this section, including the erection of notices and signs.

Before anyone gets too excited about the new “powers” to have council rangers police Strata parking spaces, check the relevant Strata Legislation and the Local Government Act it refers to. (Strata Schemes Management Act 2015 – Sect 112, Local Government Act 1993 – section 650A) There are also information sheets on the Office of Local Government website. (https://www.olg.nsw.gov.au)

It will depend on the nature of your parking problems whether these measures will be any help.  They won’t be of assistance for many of the parking issues in Strata Schemes.

As far as I understand:

The legislation is designed to address parking in complexes that are close to other facilities like sporting/entertainment venues or train stations, where the parking is often misused by outsiders for unreasonable amounts of time.

Strata scheme would need to make an arrangement with the local council to police the parking concerned. The local council are not obliged to do so, and in most cases will charge a fee. The council need to decide whether it will be in the public’s interest to do so. The strata scheme will also need to install signs and any other measures that the council require.  Any fines issued go to council.

I have read nothing to suggest it would be a matter of Strata members reporting parking infringements to council rangers – the rangers will simply add your strata parking to their normal duties to detect parking infringements (which in our area will mean they would be policed far less than the frequency with which parking problems arise).  

The aspects that can be policed are:

1. Misuse of disabled or emergency parking

2. Limited hour parking (eg. if the parking is available only in daylight hours)

3. Limited period parking (e.g.. 1 hour parking).  This has to be in line with similar period restrictions elsewhere.

4. In some cases prevention of access to other parking or buildings.

Most other parking infringements that irritate in Strata Schemes, such as the  misuse of visitor parking by residents, and the use of visitor parking by outsiders, are not possible to be policed by rangers. In fact your parking effectively becomes part of council parking stock and can be used by anyone who meets the hour and period restrictions above. And residents will have the same restrictions placed on them as outsiders (for common or visitor parking spaces, not one designated to your lot).

Strata schemes would still be free to have other restrictions and bylaws with respect to parking, but they can’t be policed in this manner. The existing measures for managing Strata ByLaw infringements need to be followed for those matters. (i.e. notice to comply etc).

Lastly, the Owners Corporation have to pass any agreement with council by special resolution (more than 75% of the vote). In our scheme we would have trouble passing that by the time we subtract the number of owners who would prefer to continue to misuse common property and those who don’t want the extra expense of policing it.

I am not a lawyer, just a Committee secretary who did some research before the conflict between some owners got any more heated. If i am wrong or mistaken about this please point it out.