#23119
Jimmy-T
Keymaster

    There is another route you can take.  The by-law states that vehicles can only be parked “with permission” of the owners corporation. The OC in this case would initially be represented by the EC.

    So put a motion up to your next EC meeting that they enforce the by-law byy voting whether or not to give permission to the bike owners by

    a) Inviting written applications and
    b) Deciding on those applications at a later date.

    You would also formally request that EC members with a vested interest abstain from the vote or that it be minuted that they had declined to do so.

    If the EC refuses to enforce the by-laws, by this or any other means, you move forward to an application for an order under Section 138(a) “to settle a dispute or complaint about …  an exercise of, or a failure to exercise, a function conferred or imposed by or under this Act or the by-laws in relation to a strata scheme.”

    At the same meeting EC meeting, you put up a motion proposing that the EC investigates the provision of paid-for parking spots on common property – to be rented to draw income for the building, NOT to be sold  – in areas that don’t obstruct traffic.  This would definitely NOT require a redrawing of the strata plan as the property remains with the Owners Corp.

    Again you would formally request that EC members with a vested interest abstain from the vote or that it be minuted that they had declined to do so.

    It’s a carrot and stick approach that may just work.  You are  creating a problem (in their eyes) then providing a solution.  Has to be worth a try and even if they don’t take action and don’t recuse themselves from the vote, you have more ammunition to take forward to the next stage to prove that they are acting out of self-interest rather than for the greater good of the community.

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