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We have an ancient By-Law granting Exclusive Use of Common Property to individual Lots.It was ‘duly passed’ on 17th February 1975 and registered 8th February 1979. It gives the ‘right to the Exclusive Use’ of Common Property for off-street parking spaces to individual Lots in our Strata. The Lot Owners have no extra entitlements and pay no extra levies. (The spaces need a bit of money spent on maintenance right now, too.)Weirdly, the By-Law is not always supplied by the relevant NSW govt dept when searches are done by prospective purchasers. Yet I got a copy of it via a professional checker when purchasing in 1996.Off-street parking has become difficult round here over the years. It is 75 metres to the street. We have no visitor spaces or delivery or tradesmens’ spaces.Is it likely this By-Law would hold water if challenged some how? Is it time for the situation to be addressed? How, please?
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I would say if it’s correctly registered it’s valid. Get the your Strata manager to obtain a new copy of the bylaws for the complex and make sure they say what your copy does. If not look at when this new copy was registered and see if it was before yours or after.
Could be a new copy was registered some time after 1996 when you obtained yours.
BUT
Generally when strata complexes are built the council specifies the developer must include a number of visitor car parks and this is a council requirement and the Strata cannot vote them out of existence (even by creating a new bylaw as bylaws have to comply with ALL gov laws). Also when bylaws are registered they are NOT checked for validity they are just registered and they assume you knew what you were doing.
Can you obtain a copy of the original bylaws for when the complex was built (original owner still living their??) and see if their are any Visitor Parking bays specified. If their are and you have reallocated them you could have problems.