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[Paddy]

Each of the townhouses in our complex has a garage.  The garages on the street frontage have a small driveway (or apron) in front of the garage which is designated on the strata plan as common property.  All of these residents on the street frontage park their vehicle on the apron in front of their garage – usually because their garage is being used for storage.  The townhouses within the complex do not have an apron and either park their car in their garage or on the street.  The Executive Committee has granted these street frontage residents the right to park their cars on the apron under standard by-law 2 (“An owner or occupier of a lot must not park or stand any motor vehicle on common property except with the written approval of the Owners Corporation.”)  The rationale for granting the approval is, notwithstanding the apron is designated common property, that no-one other than the occupant can access or utilise the apron.  An attempt was made to grant exclusive use to these occupants under a Special by-law but this was defeated.  Is there any precedent for applying to the relevant “Strata Authority” to change these aprons from common property to form part of the lot?

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