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Topic
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NSW Strata Scheme
Can an OC or SC allocate a Visitor Parking Space to one owner?
The complex was approved with the required number of VP spaces but the SC/OC is planning to reduce the number of VP spaces by allocating one space to an owner. The OC is not to be compensated.
Does it require a Special Resolution Motion?
Does it require a unanimous vote?
Does it require a By Law?
Can the SC/OC claim it is “temporary” when “temporary is not defined?
Do other owners who would also like the VP space have any rights?
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Replies
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Once that space has been allocated, it can’t be used by visitors. Wouldn’t that be a breach of the approval conditions and hence illegal?
But if it is legal, granting exclusive use would require a by-law change which in NSW requires a special resolution with not more than a quarter by value of votes cast against it.
Once that space has been allocated, it can’t be used by visitors. Wouldn’t that be a breach of the approval conditions and hence illegal?
If a certain number of visitor spaces were designated in the approved DA, then it would be a breach. Also, the strata committee or OC has just handed a gift to one owner of a valuable piece of real estate which is incompetence at least and corruption at worst. Someone needs to tell them to pull their heads in. If they don’t, run a section 232 through Fair Trading for mediation and see if they like the idea of NCAT sifting through their decisions.
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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