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[strataforlife]

We have a block where 2 units have parking via exclusive use of a parking spot each at the rear of the property. The by-law was created in the 80’s. There is grass and paved concrete at the back with two clear parking spots.

Another unit who has parking at the front of the property (on title) claims that they need the rear of the property to turn around when the exit and enter the property as there parking spot is quite difficult to enter and exit. That unit who has been in the block for over 10 years has only now brought this up because they recently discovered that the by-law has the one parking at the back on a slightly different angle to the actual angle of the concreted area. If the person at the back parked per the angle marked in the bylaw they would be parking partially on grass. The unit with the parking at the front claims that if the person at the rear parks per the exact angle then they would have room to turn around. This is not completely true and they are relying on the fact that we would pave extra area so that the unit with the parking at the rear would not be parking on grass.

 

The OC is now getting taken to NCAT for sending breach notices (we have notified the unit however we told them to keep parking on the paved area instead of damaging frass). They are also requesting an order for us to line-mark the parking. Obviously we can’t line mark the parking without paving extra area. Would this require a special resolution as it is a change in the use of common property?

 

The OC is reluctant to pave the rear as the angle per the by-law does not make sense and it was clearly was an unfortunate error. Do we have to provide people the ability to turn around if their parking (on title) is hard to get into? How do we deal with the issue of the unit with the parking at the rear being technically in breach of the by-law. The by-law requires a unanimous resolution, is there any way it can be changed/corrected? How will NCAT rule on this?

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