Circulars

What’s new or changing

• The Strata Schemes Management Act 2015 commenced on 30 November 2016, allowing strata and community schemes to apply to their local council to enter into an agreement to enforce parking restrictions in a scheme.
• This complements long-standing powers under the Local Government Act 1993 (the Act), allowing private landowners to apply to their local council to enter into a free parking area agreement.
• The Free Parking Area Guidelines for councils, which were first issued in 1998, have been updated to reflect the new strata/community agreement provisions.
• A number of other documents have also been issued for the information of landowners and strata/community schemes, including:
  • an updated version of the 1998 publication Dealing with vehicle trespass and driveway obstruction;
  • a new Free Parking Area Agreement Fact Sheet; and
  • a new Strata/Community Parking Area Agreement Fact Sheet.
• New penalty notices offences relating to strata/community parking agreements will be introduced via an amendment to the Road Transport (General) Regulation 2013 in the near future.
• A forthcoming legislative amendment will also give effect to council powers to issue penalty infringement notices with respect to offences relating to disability parking spaces in strata and community parking areas.

What this will mean for your council

• Sections 650 and 650A of the Act require councils to follow the guidelines with respect to free parking area and strata/community parking area agreements.
• Councils should also make interested landowners and strata/community schemes aware of the related fact sheets and document.

Key points

• The Guidelines provide advice to councils on the:
  • circumstances in which they may enter into an agreement;
  • matters for which an agreement must or must not make provision; and
  • exercise by a council of any functions conferred on it by agreement.
• The Guidelines also provide a template agreement for the use of councils entering into free parking area or strata/community parking area agreements.
• The related documents are primarily intended for the information of landowners, and strata/community schemes experiencing parking related problems or who wish to consider entering into a parking area agreement with their local council.

Where to go for further information

• The Office of Local Government’s Policy Team can be contacted on 02 4428 4100 for further advice on the parking area agreement powers.
• NSW Fair Trading can be contacted for further information about strata and community scheme management issues via the Strata Hotline 1800 214 023 or at http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Strata_schemes.page.

Tim Hurst
Acting Chief Executive