Can the AGM rescind permission to park on common property? - FLAT CHATFLAT CHAT

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19/07/2024 at 12:39 am #75193
optusJo
Flatchatter
My Lot came with a Company Title and a Service Agreement.
The agenda for the AGM, did not indicate that parking spaces would be discussed.
At the AGM, it was stated that the common area was not to be used for parking, however this is in the service agreement:
“that will not park or obstruct any driveway on residual land except with the consent in writing of the Board of Directors and the terms and conditions of such consent”.

There are documents with “common parking area” clearly shown, but I don’t have anything in writing (I bought the flat in 1980).
Can an AGM decide that there will no longer be allowed parking on common property?
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19/07/2024 at 12:41 am #75198
Jimmy-T
Keymaster
optusJo wrote:

Can an AGM decide that there will no longer be allowed parking on common property?

The key phrase is “except with the consent in writing” – which suggests the Board, as instructed by the owners at your AGM, could rescind the permission, unless that permission has previously been granted in perpetuity or as a permanent part of the management contracts.

The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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20/07/2024 at 10:06 am #75233
optusJo
Flatchatter
Chat-starter
We have company title, and the service agreement is for the term of 999 years.
There are 16 owners with carparks and 8 owners without carparks.
This could mean that 8 owners may never be allowed again to park on the servient property, but this could be changed again at a future AGM.
Interestingly in the agreement there is an arbitration process outlined “to be followed if the Board of Directors’ consent is required and the Owner believes it is unreasonably or unnecessarily withheld or refused.”
It is wrong though that there was no notice given in the agenda and effectively 8 owners who were able to park on the the servient land are now assumed to never have had permission unless there is something in writing.
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