Private Rental of Parking Bays

Please be advised that residents who rent parking space(s) from private parties must ensure that both the official parking sticker and the car park access card(s) are provided to avoid issues with access, security enforcement and clamping.

Recently several cars have been clamped for parking in a bay without a valid sticker. The root cause of the problem was that the owner of the bay had failed to provide the tenant renting the bay a valid parking sticker and access card as part of the rental agreement.

During the last AGM a motion was passed allowing a limited number of visitor parking bays to be rented out to residents subject to terms and conditions. The demand for these bays has been overwhelming with all spaces taken and enquiries received on an almost daily basis. At the next AGM, JMB members can decide whether or not to allow more visitor spaces to be rented out to residents.

Following the success of the above initiative, the JMC were made aware that one particular unit owned by the developer had approximately 75 parking spaces allocated to it. Although the spaces are clearly shown on the Strata Title Plan, the legality of the situation is still being investigated by our legal team.

Even if it’s legal, the JMC would like to state our disappointment at the immoral approach taken by Setapak Heights for not allocating these spaces as common property in the form of visitor's bays.
To make matters worse, it would appear that the developer has not collected the parking stickers or has the access cards for the parking bays before renting them out

Unfortunately the JMC understands that several residents have paid money in advance to the developer for the use of these bays and have now found that they don’t have stickers and access cards to use the bays owing to the developer again not taking responsibility.

The residents who have rented the spaces are in a difficult situation and perhaps should consider asking for their money back from the developer.

The JMC would like to reiterate the following points:

• Under Act 663 Building and Common Property (Maintenance and Management) ACT 2007 the JMB are not responsible for issues arising out of private rental agreements between parcel owners/residents
• The rental of parking bays between owners is a private matter, hence, any dispute over payment or non-delivery of parking stickers/access cards lies solely between the owner of the bay and the person renting the bay
• The application and collection of stickers must be performed by the parcel owner and details of any tenancy agreements must be provided by parcel owner failing which the application will be rejected