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Topic
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i am an owner in a small apartment building in sydney.
we have a driveway which leads to three garages below street level.
the lucky three owners of those garages use their precious garages (parking is difficult on our streets) for storage and park their cars on the driveway in front of their respective garage.
our executive committee (or the new strata committee) consists of two people and one of them parks on the driveway..
at the agm last december i requested the issue be raised. it was but nothing was resolved. our strata manager doing a good job at convening the meeting – not!!
The other SC member agrees with me that the 3 owners are breaking a by-law by parking on common property but is reluctant to cause problems with our neighbours.
is it possible for the owners corporation to rent the three owners the common property in front of their garages ?
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I do have a problem with them using a garage for storage on a long term basis. That creates all sorts of questions about the use of the areas, insurance and liability should anything go wrong.
Our strata had an the issue of owners parking in front of their own garage but they weren’t using their garage for storage. Our Strata decided that as long as there was no nuisance created to others we didn’t have a problem with it.
Can I ask what is the ‘nuisance’ with them parking in front of their own garages?
If by parking in front of their own garages they create a problem for others I can see the nuisance. By nuisance I mean others accessing or using areas not just others complaining that ‘we can’t do that so why should they?’
If however no one else could use that space and it doesn’t inconvenience anyone, what is the harm?
Strictly speaking owners parking in front of their own garage in breach of by laws but surely the law needs to be tempered with a bit of practicality.
Mailbox – Yes. It is possible for the OC to grant a lease or a licence (by Special Resolution) over the use of common property in front of the garages. It is also possible for the OC to charge a fee for this grant. The relevant sections are below as is a link to an explanation about the differences between a lease or licence, and the process involved.
https://www.strataconsultants.com.au/quick-guide-to-leases-and-licences-over-common-property/
and
STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 112
Owners corporation may grant licence to use common property
112 Owners corporation may grant licence to use common property
(1) An owners corporation may grant a licence to an owner or occupier of a lot in the strata scheme or another person to use common property in a particular manner or for particular purposes if the owners corporation has approved the granting of the licence by a special resolution.
(2) A licence may be granted subject to terms and conditions.
Note : Division 3 of Part 7 enables owners corporations to make common property rights by-laws granting exclusive use rights and special privileges (including licences) in relation to common property.
(3) Without limiting this section, a licence may be granted under an agreement with the local council for a strata parking area under section 650A of the Local Government Act 1993 .
STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 113
Agreement for payment to owner of consideration on transfer or lease of common property
113 Agreement for payment to owner of consideration on transfer or lease of common property
An owners corporation may, in accordance with a special resolution, make an agreement with an owner for the payment to the owner of:
(a) the whole or any part of the consideration under any transaction proposed to be entered into by the owners corporation under Division 6 of Part 2 of the Strata Schemes Development Act 2015 , or
(b) any money payable to the owners corporation under a common property rights by-law.