Who Owns What? Untangling Parking Property Mysteries in Strata
Few things in strata life spark as much drama as parking. Forget soap operas the real action is over who owns that prized car space, mysterious garage, or bit of driveway. Here’s how to figure out who’s the boss of what, and why it matters to everyone from the most easy-going resident to the rule-book-clutching committee member.
1. Common Property vs Lot Property: The Big Picture
Common Property
Think of this as the “shared backyard” of your strata. It’s everything outside the boundaries of your individual lot which in parking world often means shared driveways, visitor spots, turning circles, and some garages. Everyone owns it together, everyone is responsible for it, and the owners corporation takes care of the upkeep.
Lot Property
Your private patch of paradise. If your strata plan shows a car space or garage within your lot’s boundaries, it’s yours. You get to maintain it and use it (within the law).
2. How to Tell What’s Yours
Check the Strata Plan
This is your property’s “treasure map” the registered strata plan tells you exactly where your boundaries are. Car space inside your lot? Yours. Outside your lot? Probably common property or under an exclusive use arrangement.
Exclusive Use By-law
Sometimes, the owners corporation will grant special permission to use a common property spot just for yourself. You don’t own it, but you get bragging rights to use it with rules.
Subdivision
On rare occasions, a parking area can be officially transferred from common property into a private lot. It’s paperwork-heavy, fee-heavy, and patience-heavy surveyors, approvals, and re-registration all required…strata lawyer territory!
3. Garages and Driveways
Garages
These can be private or common property. If they’re private, they’re yours. If they’re common property, you might only have the right to use them under special rules.
Driveways
Shared driveways are almost always common property. Even if the driveway leads directly into your garage or car space, you can’t set up or paint a “reserved for me” sign or treat it like your own personal second space.
By the way, the common area front lawn is likely not a car park either.
4. Why It Matters
Maintenance Bills Owners Corporation covers common property repairs (like resurfacing a shared driveway).
Renting & Selling You can only lease or sell your car space if it’s part of your lot. Common property spots are off-limits unless everyone agrees (good luck with that).
Avoiding Fights Knowing exactly who owns what helps you sidestep “heated conversations” in the lobby about someone parking where they shouldn’t.
5. Whilst you are visiting! Visitor Parking, It’s Not Your Spare Spot
Visitor parking is a bit like the good crockery it’s there for guests, not for everyday use. These spaces are common property and are set aside for people visiting residents, tradespeople on short jobs, or deliveries.
Why you can’t hog them:
It’s against the rules. Most strata by-laws clearly state that resident cars can’t use visitor spots.
It causes headaches. Guests end up circling like sharks, tradespeople can’t park close, and deliveries might get delayed.
It’s not fair. Every resident shares that space, so no one gets to treat it as their personal overflow parking.
Tip: If you’ve got more cars than spaces, talk to the committee about short-term arrangements or nearby paid parking but don’t just “borrow” the visitor bay…..daily!
6. How to Find Out
Get your strata plan from your strata manager or land registry.
Check your by-laws for any special parking rules.
Ask your owners corporation before making any claims on a space that isn’t clearly on your title.
7. The Bottom Line
In strataland, parking politics are real.
Check the plan. Respect the by-laws. Don’t assume the space you’ve been eyeing for years is secretly yours. And remember a quick chat with the committee now can save you a whole lot of drama later.
Disclaimer:
This article is intended for general educational purposes only and does not constitute legal or financial advice. Readers should seek independent legal and professional guidance relevant to their specific circumstances and jurisdiction
