Disputes & Legal
In this article
- Common types of parking disputes in Victorian OCs
- Whether your car space is private property or common property
- How the OC can enforce parking rules — including towing
- The dispute resolution process for parking issues
- EV charger installation considerations
Check your plan first
Whether your car space is your private property or common property with exclusive-use rights is determined by your plan of subdivision — not by common assumption. Always check before disputing.
Parking is a perennial source of conflict in owners corporations across Victoria. Whether it involves unauthorised use of allocated spaces, visitor parking abuse, or abandoned vehicles, parking issues affect the daily lives of lot owners and residents.
Understanding Your Parking Rights
- Car space shown as a separate lot on your plan: Your private property — you own it outright
- Visitor parking: Common property available for genuine visitors to the building
Common Parking Disputes
- Lot owners or occupiers parking in spaces allocated to other lots
- Residents using visitor parking instead of genuine visitors
- Vehicles exceeding the size of allocated spaces and encroaching on adjacent spaces
- Abandoned or unregistered vehicles on common property
- Storage of items (bikes, boxes) in car park areas
- Disputes about EV charger installation in allocated spaces
⚖️ OC rules on parking
The owners corporation can make registered rules about the use of common property, including parking areas. These rules must be reasonable and consistent with the Act, and can be enforced through breach notices and VCAT.
Enforcement Options
The OC has several tools available:
- The committee or OC manager can issue reminders and warnings about parking rules
- For persistent breaches, the formal breach notice process applies (at least 28 days to rectify)
- VCAT can order compliance with parking rules and impose penalties for continued breaches
Towing — seek legal advice first
The OC’s ability to tow unauthorised vehicles from common property is regulated in Victoria. Improper towing can create significant legal liability for the owners corporation. Committees should seek legal advice before implementing a towing policy.
Frequently Asked Questions
🔌 Can I install an EV charger in my allocated car space?
This depends on whether your car space is private property or common property, and whether the installation requires works to common property (such as electrical wiring through common areas). Approval from the OC may be required.
🚗 What if someone keeps parking in my space?
Document the breaches (date, time, photographs) and report them in writing to the OC manager. The OC can issue breach notices and, if necessary, apply to VCAT for orders.
📋 Can the OC restrict where I park on common property?
Yes, through its registered rules. The owners corporation can make rules about the use of common property, including parking areas.
📋 Key takeaways
- Whether your car space is private or common property depends entirely on the plan of subdivision.
- The OC can enforce parking rules through breach notices and VCAT orders.
- Towing vehicles from OC property is regulated in Victoria — seek legal advice before implementing a towing policy.
- Clear, well-communicated parking rules are the best prevention for parking disputes.
- Visitor parking is common property — rules about its use apply to all lot owners and residents.