Cases like White v Betalli suggest that a by-law which gives exclusive use of lot property, in this case car spaces forming part of the lot, to other lot owners is valid.
However, such a by-law, notwithstanding that it is valid, is subject to being revoked by an adjudicator under section 157 of the Strata Schemes Management Act 1996 because it would, no doubt, impose a very severe restriction upon the use of those affected owners’ use of the respective portions of their lots (being carspaces).
@margaret hellings said:
HiI have a garage space in the under ground garage which is shared by five owners. These spaces are individually owned and form part of unit entitlement.
Some owners without garage entitlements are pressuring for stack parking to be installed in this garage to gain space for themselves.
I am I right in thinking that Stack parking will not be allowed under strata law as I own my garage space?
Interested to see your thoughts
Margaret