#17328
kiwipaul
Flatchatter

    @Whale said:

     If Owners don’t want a parking By-Law enforced, then they can vote to repeal that By-Law at a General Meeting, and parking anarchy will likely result in you and other Owners not being to access the garages at all!

    !

    I totally agree with Whale except this bit.

    The Visitor Parking bays are a local council requirement for the development to go ahead. The Owners CANNOT change the use of the Visitor parking bays without the council agreeing to it in writing.

    The bylaws have to comply with ALL higher laws, council, city state or Commonwealth and if they conflict with any of these the bylaws lose.

    I agree this argument hasn’t been tested at an adjudication in NSW (that I can find anyway) but I believe that any individual could take an offender to adjudication and win using this argument (even if the EC had granted the offender permission to park in a visitor parking bay).