This newsletter’s feature case involves a body corporate at picturesque Tugun, being requested to enforce their parking by-laws.

Prior to the matter arriving before an Adjudicator, owners alleged three fellow owners were parking on the common property driveway in front of a garage and parking continuously in the visitor’s parking spots.

The body corporate, acting through the Committee confirmed to the aggrieved owners that it had adopted a set of “house rules” (which regular readers will know are not necessarily enforceable) to provide fairness in use of the common property for all.

The Committee confirmed its plan to review the “house rules” at the next AGM, however the aggrieved owners were unhappy with that outcome and elected to ventilate their concerns before an Adjudicator.

The Adjudicator found:

• The developer approval (submitted as evidence by the aggrieved party) requires a minimum of two off-street parking spaces per dwelling and three for visitors – nothing in the development approval suggested occupiers might not park on common property or in visitor’s spaces – however – on the construction of the by-law residents must not park in designated visitor parking spaces.
• It would be onerous and expensive if every single decision had to go to a general meeting.
• The Committee did not circumvent the by-laws in allowing an occupier to temporarily park in front of their garage – however – the owner to which that approval was granted had not in fact parked as close as possible to their garage to limit obstruction to other occupiers.
• The body corporate was, under the by-laws, entitled to grant approval for visitors to park in visitor’s parking bays for longer than three hours; and
• Whilst the body corporate was required to enforce its by-laws – it could exercise its discretion in that enforcement.

This is where you can see the whole case:

https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QBCCMCmr/2025/62.html