Gresham Gardens Case: Visitors vs. Part-Time Occupiers Explained
In 2006, an Adjudicator's decision involving Gresham Gardens, a community living area in Queensland, tackled the issue of who counts as a genuine visitor versus a part-time occupier, especially when it comes to parking rules.
The Situation
Location: Gresham Gardens, Tarragindi, QLD.
People Involved: The Body Corporate and Dean, who lived in one of the units (Lot 30).
The Problem
Dean was parking his car in the visitor parking spots without permission. The Body Corporate said this broke their rules, specifically By-law 2, which requires written approval to park in these spots.
What Happened
The Body Corporate applied for an official order to stop Dean from parking there.
Dean didn’t respond to the notices or make any submissions.
Key Questions
Is Dean a Visitor or an Occupier?: The main question was whether Dean was just visiting or actually living there part-time.
The Decision
By-law 2: Says you need written approval to park on common property.
Occupier Definition: Includes anyone who lives there, even part-time.
Evidence: Dean stayed overnight 2-3 times a week, which made him more than just a visitor.
Conclusion: Dean was considered an occupier, so he was breaking the rules by parking in the visitor spots.
The Order
Dean and anyone else living in Lot 30 had to stop parking in the visitor spots unless they got written permission.
Why It Matters
This case shows how important it is to follow community rules and clearly understand who counts as a visitor versus an occupier. It also highlights the Body Corporate’s role in enforcing these rules to keep things fair for everyone.
Final Note
If Dean’s situation changes and he visits less often, he might be considered a genuine visitor again. But for now, he has to follow the rules for occupiers.
This case is a good example of how community living spaces handle disputes and enforce rules to ensure everyone plays by the same guidelines.
Credit: Cheers Copilot AI for your input to this blog post
Comments