VIC: Q&A Can the OC stop me from parking my mobility scooter in my car space?

This article is about the OC stopping mobility scooters from using the parking.

Question: I’d like to park my mobility scooter in my car bay. Are there any strata rules in VIC that state the Owners Corporation can stop me from using my car bay for this purpose?

I use a small mobility scooter and I’m looking to purchase an apartment in Melbourne. My mobility scooter is my only means of transport. I would like to leave the scooter in my car bay with the battery removed. The Owners Corporation at one apartment block said this is not allowed under Strata Rules.

Could you please clarify if there are any Strata rules in Victoria that preclude this or if the Owners Corporation can stop me from using my car bay?

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Answer: Ask for a copy of the registered rules of your owners corporation to determine if there are rules in place that hinder you from parking your scooter in the parking bay.

It is prudent that you ask for a copy of the registered rules of your owners corporation to determine if there are rules in place that hinder you from parking your scooter in the parking bay.

If you determine that there are no registered rules in this regard and if your parking bay is private property, in our view based on the information that you provided, you could park in your parking bay. On the other hand, if the parking bay is common property, unfortunately, you will be bound by the decision that the committee makes on how the parking bay could be used, unless you have a written licence granted to you by your owners corporation to use the parking bay for that purpose.

Rochelle Castro
RC & Co Lawyers
E: [email protected]
P: 1300 072 626

This post appears in the December 2021 edition of The VIC Strata Magazine.

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