We seem to be drifting off-topic a little, but in response to Peter’s question about whether a licence to use common property under NSW Legislation has applications in addition to parking, the answer is YES – although parking is the most common in my experience.
In an attempt to summarise and clarify the position that in my opinion applies to 1006’s situation:
- The Executive Committee may give someone “permission” to use the common property for a specific, short term application such as for a few weeks to park a tradesperson’s vehicle or trailer on the common property so that it’s closer to an owner’s Lot whilst they’re working there.
- A “licence” to use the common property applies to something more permanent such as to regularly store a boat / trailer near an owner’s Lot, where the decision needs to be made by the Owners Corporation on the basis of a specific Motion placed on the Agenda of General Meeting, where conditions such as a payment by the proponent usually apply, and where a special resolution is required in order for the Motion to pass the vote (i.e. ≥75% in favour by unit entitlement; a “poll vote”), OR;
- A situation where an Owner wants to not only use the common property in some permanent manner, but also wants to change it in some way such as by adding some permanent structure such as a pergola, over which the proponent and not all owners would have exclusive use. The process here is the same as in #2 (above) with the additional requirement of a Special By-Law being concurrently approved (at the General Meeting) IF the Owners Corporation wants to make the proponent responsible for maintaining and repairing whatever it is that they’re adding to or altering on its common property; which would generally be the case.
To conclude, whilst a “permission” and a “licence” under examples #1 & #2 can have a sunset clause and/or an annual review say at each General Meeting (AGM) where those present could amend or rescind the licence, a grant of exclusive use such as in #3 can only be withdrawn if the Lot Owner concerned agrees to that in advance and in writing; that is the original Owner as the proponent and any subsequent owner of that Lot.