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A strata office building in North Sydney has 30 lots. 20 of these lots have the right to park one car each on common property (conferred by By-Law 31), the other 10 have no parking rights.I own 2 lots, one with car park,one without.Car park spaces in the building are subject to the State Parking Levy currently $2100 pa for each park.

All expenses related to car parking in the building, including the State parking levy are paid out of the Administrative Fund. Levies for the Admin Fund are paid by each lot based on unit entitlement.

Individual unit entitlements have been calculated on the basis of lot floor area with no allowance being made for the common property area on which exclusive parking rights have been conferred on the 20 lots. The common area used for parking represents approximately 15% of total building floor area.

There is an obvious unfairness towards the 10 owners without car parking as they are subsidising the 20 owners with car parks by being forced to contribute to the payment of the State Parking Levy.

Attempts to correct the situation have failed by vote of the 20 car park owners, 18 of whom are happy with the situation.

I have been to the CTTT, relying on the interpretation of By-Law 31 but have failed at adjudicator and appeal level because of factually incorrect information submitted by the OC.

Any ideas ????

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