#24890
Sir Humphrey
Strataguru

    I am assuming the parking spaces are common property. If so, granting exclusive use of the spaces to particular lot owners would, in ACT-speak, be granting a ‘special privilege’. In the ACT that requires an unopposed resolution of a general meeting. In NSW, I think it might be a special resolution but I am not certain. 

    In order to pass a special resolution, with fewer than 25% opposed, from a set of four, you need the resolution to be unopposed in any case. 

    As a matter of principle, a lot owner’s access to use and enjoyment of the common property should depend only on being a lot owner, not on capacity to pay in an auction. If I were there I would oppose allocating them by auction. Instead, I think you need to have either a negotiated agreement or agreement to draw straws. Perhaps one lot owner would be prepared to take the space that is smaller but closer while another get the one that is bigger but further away. Is there scope to make them more equal at OC expense as part of the solution. Eg. Can the smaller space be widened before being allocated? 

    it is worth making sure you get it right. Our OC allocated parking spaces on common property with the EC purporting the grant special privileges without the authority of the requisite general meeting resolution. That happened in the 1980s and it came back to bite us a few years ago. We had to completely redo all our parking allocations after complex negotiation. A handful of owners refused to accept the legal advice we had and so the resolution to correctly and equitably allocate failed. We then had to go to the Tribunal for orders to give effect to the failed motion. Those few owners continued to fight which drove up the legal costs as we needed to be represented to maximise the chance of getting the right outcome. In the end we did get the right orders and things are sorted, but it cost some serious money, all because of a few who would not listen to reason or good legal advice.