Scotty is right about “like for like”, but I think everyone is forgetting:
52 How does an owners corporation make, amend or repeal by-laws conferring certain rights or privileges?
(1) An owners corporation may make, amend or repeal a by-law to which this Division applies, but only:
(a) with the written consent of the owner or owners of the lot or lots concerned and, in the case of a strata leasehold scheme, the lessor of the scheme, and
(b) in accordance with a special resolution.
The By-Law quoted gave exclusive use, so in theory you need a special resolution plus written consent from all 10 beneficial owners to repeal it. Legally, that doesn’t mean “unanimous” but statistically it probably does. What owner wants to give up something he got for free, and there’s 10 of them, which also means the special resolution wouldn’t pass. So, going to the CTTT to have the 2nd paragraph of the By-Law struck out (as contrary to the Act) wouldn’t get you anywhere.
However, the By-Law sounds unfair if the 10 beneficiaries paid the OC nothing for the exclusive use right and also if their unit entitlements weren’t increased to cover maintenance costs.
I would:
1) Check the Strata Plan to see if these parking spaces were designated visitor spaces on the DA. If they were, go to the CTTT to have the By-Law invalidated on those grounds.
2) Go to the Mitchell Library and look up the 1973 Act as printed at the time. See whether the 2-year registration period applied. I’m not sure whether it did. If it did, apply to the CTTT to have the By-Law invalidated on those grounds.
3) If the 10 beneficiaries paid nothing for the exclusive use right, apply to the CTTT to have the By-Law invalidated on the grounds of unfairness (or fraud on a majority?).
4) Depending on whether your scheme’s unit entitlements reflect the larger floor space of lots with garages vs lots without garages, apply to the CTTT for a re-allocation of unit entitlements now that some lots have “grown” a parking space.