@lefty said:
So which takes [precedence]? The registered strata plan held by LAND and PROPERTY and signed off by council or the DA held by council showing something different.
From what I can gather, the DA and the strata plan are not in conflict One says common property, the other says visitor parking(?). So they are common property visitor parking spots.
Do our bylaws govern what is contained in the registered strata plan only or can can a violation of a parking bylaw be referred to as a breach of councils DA. And therefore be referred to council?
By-laws can’t supersede superior laws and Council planning laws are superior. Your DA was granted on the basis that those spaces were for visitors, and until Council says otherwise, that’s what they are for. If your by-laws don’t specifically reference visitor parking then you need to amend the written permission to exclude visitor parking.
For example , if an owner had written permission to park occasionally on common property and they parked in a marked visitors space , could they argue they were not in breach of the visitor parking bylaw as they had permission to park on common property as represented in the strata plan?
No. You can’t legally give them permission to park in visitor spaces because they aren’t visitors and that would be in breach of your DA.
This is really a lot simpler than you seem to think. If what you say is true, then the car spaces are for visitors and permission to park on common property doesn’t change that. There may be another area of common property where they could park but Visitor Parking is not it.