What can I do if my neighbour’s car is always parked over the line?

29 Sept

In this month’s Strata Q&A, we received a question from Neddy, an owner based in NSW, asking what they can do about another owner who keeps parking their large work truck over the line between their allocated parking spaces. Is this a breach of by-law?

Q. What can I do if my neighbour’s car is always parked over the line between our spaces?

My neighbour has a large work truck that barely fits within their allocated space on a good day. But, more often than not, the truck is parked on or slightly over the line between our allocated parking spaces, making it extremely difficult to access my vehicle. On top of that, our spaces are in the corner of the parking garage, which means that it is also difficult to reverse and turn out of my space safely with the back of the truck extending out. Is this a breach of by-laws? Is there anything that can be done?

A. Parking outside an allocated space and into the common property that blocks another owner can amount to a breach of strata by-laws.

Parking problems like this are a common source of tension in strata living. In New South Wales, parking is generally regulated by your scheme’s by-laws, which typically require owners to park only within their designated spaces and not obstruct other residents’ access. When a neighbour repeatedly parks over the line or extends into common property so that you can’t safely use your own space, this can amount to a breach of by-laws or, at the very least, unreasonable interference with your right to enjoy your lot.

Document the Problem
The best approach is to document the issue carefully. Take photos showing the truck encroaching into your space and make a note of when it happens. This evidence will help demonstrate the pattern of behaviour if the matter needs to be escalated.
Ask the Committee to Act
Once you have records, raise the issue with your strata committee and request that they enforce the by-laws. The committee can issue a formal Notice to Comply, requiring your neighbour to park correctly.
Escalation Options
If the behaviour continues despite warnings, the next step is mediation through NSW Fair Trading. If that fails, you can apply to the NSW Civil and Administrative Tribunal (NCAT), which has the power to issue binding orders requiring the neighbour to stop breaching the by-laws.

Parking across or outside an allocated space is likely a breach of by-laws in NSW. Your strata committee has both the authority and the responsibility to act — and if the problem persists, you have clear pathways through Fair Trading and NCAT to resolve it.