A common source of friction in community schemes is parking spaces. Homeowners Association and Body Corporate rules are aimed at regulating usage of parking areas but what happens when the rules haven’t been enforced? Are they taken to have been waived and therefore unenforceable? And what happens if they are enforced, but only on a selective and discriminatory basis?

We investigate those questions in the context of a fight by a HOA to enforce its rules prohibiting homeowners from parking anywhere other than in their own garages and driveways. It asked the High Court to stop the owner of three vehicles from parking one in a visitor’s bay and the other jutting out into an estate road.