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[Anonymous]

I bought my unit about three years ago with one car park on title, the other an exclusive use agreeement in the contract.  I thought no more about this until a letter was received from the EC recently stating that furniture could no longer be stored in the garage (even though there are non-approved cages and garden sheds) and that it was proposed that common property be marked to stop illegal parking. 

I dug out my contract from my since retired solicitor and showed the relevant clause giving me exclusive use of the adjacent car space to the strata manager. Also in the contract I found a copy of the by laws “to be registered upon registration of strata plan”. This included by laws giving 5 people exclusive rights to the adjacent car spaces (adequately described) with storage behind.

These by laws have never been registered. It was a mortgagee sale with Perpetual as financer and vendor.

I asked the strata manager to register the exclusive use car spaces as a rectification issue. Fair Trading also agreed that this was not subject to a vote and that rectification should take place.

Initially the strata manager agreed but nothing has been done and she now tells me that the EC is “reviewing” the by laws.

What are my options if they refuse to register this by law? The clause in the contract gives me entitlement while I am living here but what if I sell, how do I pass this exclusive right to the next purchaser if not registered in the by laws?

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