PARKING:Conflict between Strata bylaws and DA approval

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  • 05/10/2017 at 2:01 pm #11376 Reply | Quote
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    Flatchatter

      Our strata block in inner Sydney has a conflict between the DA Approval for 8 parking spots on common property and the by laws, which allocated 9 parking spots. For 35 years this has not been an issue, however, a new owner in the strata has claimed that she is entitled to a parking spot.

      What takes precedence, the DA or the By laws (where obviously an error has been made).

      In earlier NCAT decisions there have been findings that entitlements to use common property are reflected in a premium price paid by an owner for exclusive use entitlements. In this case the new owner bought the unit which was advertised without a parking entitlement. No premium was paid.

      How would NCAT find in this case?Laugh

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    Reply To: PARKING:Conflict between Strata bylaws and DA approval
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