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Can an OC give written permission for a by law, for example for use of common property say for parking, and that written permission would be for a permanent arrangement? Or does there have to be a AGM or EGM held and agreement for a permanent arrangement voted on and recorded in the minutes?
Have a friend telling me that his EC is giving permission to residents if they request in writing to the sm. I know that in m complex we always states that owners can do this or do that with the written permission of the OC, but this has been on a one off basis, not an ongoing thing. So am I right telling my mate not to worry that this isn’t permanent, just that owners and residents have to abide by the rules and ask for permission in writing and get permission in writing for each instance.
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Typically, a Scheme’s By-laws will state that an owner or occupier of a lot must not park or stand any motor or other vehicle on common property except with the prior written approval of the owners corporation. So, by implication, the OC (presumably through its EC) may give that permission. There may be various circumstances where this may be a reasonable thing to do. However, I would strongly oppose any element of permanency in such an exemption. The permission should, at the very least, stipulate the type of vehicle (e g a trailer for the duration of a renovation project) and contain a definite ‘sunset clause’. The fact that the permission has been given should be disseminated to other residents, along with the time limit set. Otherwise, you will be setting a bad precedent and, potentially, sequestering part of the Scheme’s assets for an individual’s benefit and for an indefinite time.
I’ll agree with excathedra, in the main. Letting people know that permission has been sought and granted is a good idea but I wonder if it might become cumbersome. Perhaps a permit display system would be needed if this was a regular occurrence.
On a general note, the OC or EC can do what they want with common property provided they pass the appropriate by-laws and they aren’t in conflict with superior laws. For instance, a common property visitors parking spot can’t be sold or let to an owner if its establishment was part of the Development Approval.
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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