Current Page

[Paddy]

I am an owner in a block of 20 townhouses with attached garages.  6 of these townhouses have garages on the street frontage.  The garages are set back 5 metres from the footpath, accessed by a paved driveway or “apron”.  These aprons are deemed to be common property on the registered plan and standard by-law 2 therefore applies.  There are also 4 townhouses with an apron from the private road which services the remaining 14 townhouses.

At an EC meeting a few years ago permission was granted for residents to park their cars “from time to time” on their respective apron.  One of the owners (who does not have an apron) is continually agitating for the permission to be reversed, claiming that parking in the area is valuable and those residents should be paying the OC a fee for parking.  8 of the 10 garages have been utilised by the residents for storage.

Am exclusive use by-law was proposed last year at an EGM but did not achieve the 75% approval vote.

The issue appears to be one of common sense.  Despite the designation of the apron as “common property” only the resident can use it (to access their garage).

Would it be possible/practical for the relevant owners to apply to NCAT for a ruling?

Topic