› Flat Chat Strata Forum › Common Property › Can non-resident owners use our pool? › Current Page
I, like others on this website, am neither a lawyer nor expert.
You missed out the word “some” before others. There arecontributors to this website who are both lawyers and experts.
As to your point, this case, which is about non-resident owners of car spaces, appears on a number of occasions to refer to the OC’s acknowledgement that they can’t prevent non-resident car parking space owners from using common property facilities. If the case in Parramatta referred to by SPManager (above) can be cited, that would clarify things a lot.
Meanwhile if parking space owners can use the pool, I guess apartment investor -owners can too. This would be open to specific interpretation, of course.
BTW, the actual dispute was about non-resident car space owners (and renters) not being allowed to park in spaces because the DA for the building referred to parking for the “occupants” and “residents” of the block. The Tribunal felt that the intent of the DA was to get cars off the street, not to give exclusive parking rights to owners in the block.