In the excitement of purchasing a unit within a community title scheme, the allocation of car parking spaces within the community title scheme can be overlooked.

Car parking spaces are very important, particularly in places like Brisbane Central Business District where parking is expensive and car parking spaces are sought after. As a result, it is important to check what arrangements are in place.

Community title scheme and car parks, where do I stand?

Normally, car parks are either:

1. Dealt with in the community management statement as part of the common property of the body corporate but classified as an exclusive use area allocated to the unit, or
2. Incorporated in the survey plan as part of the registered title so that the car parking space and the unit form the one title.

We have come across a third method of dealing with a car parking space in that the car parking space formed part of the common property of the body corporate but the unit owner was granted a long term lease of the car parking space. We should mention that this was in an old community title scheme and is not a common method of dealing with car parking spaces.

Two other issues to be wary of are:

1. Unit owners who have swapped or leased out their car parking spaces.
2. Body corporates who do not update their community management statement where car parking spaces have been swapped between unit owners.

It is important to ensure that the title documents are checked with the car parking position on the ground.

It’s always good practice to get a lawyer to look over the community title scheme and assure your unit purchase and its car park is covered.

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This update is for your information and interest only. It is not intended to be comprehensive, and it does not constitute and must not be relied on as legal advice. You must seek specific advice tailored to your circumstances.

This article was originally published on the 28^th of February 2020. This article was last updated on the 13^th of October 2022.