NSW: Q&A Fined for not using the visitor parking spaces

Question: I was fined for not parking in a visitor parking space at my girlfriend’s apartment. They are pursuing her for the money. Is this parking fine from the owners corporation valid?

Answer: Only NCAT has jurisdiction to issue “fines” or “penalties” in this context. Therefore, it is highly unlikely this fine could be enforced.

Only NCAT has jurisdiction to issue “fines” or “penalties” in this context. Therefore, it is highly unlikely this fine could be enforced. However, the “fine” might be disguised as an “administration fee” under the by-laws applicable to the scheme – so you will need to review the by-laws on this aspect.

We cannot see any legal justification for de-activation of the security pass, so your girlfriend should ask on what legal basis they feel entitled to deny her access to her property.

Further, there was a recent NCAT case which stated that such a “parking administration fee” was unlawful. Details of this case can be seen here: Enforcing By-laws: Can the Owners Corporation Impose a Fine or Penalty?

For the full question and our detailed response, visit the original publication at Look Up Strata. Do you have a question relating to your property or development? Contact us!

Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.