#18814
Sir Humphrey
Strataguru

    I would expect this would have to be covered by an owners corporation resolution to grant permission for the use of the common property subject to conditions. 

    We have a situation like this. The OC retains ownership of carports built over previously open, unallocated parking spaces. Unit owners were granted special privileges for exclusive use of the parking spaces for parking and limited storage with conditions that the unit owner is responsible to meet the OC’s costs for the initial construction and subsequent maintenance of the structure. The OC retains the right to carry out any of its functions on these bits of common property so long as it does not interfere unreasonably with the use of the spaces for parking vehicles. So, for example, even though the roofs were paid for by individual owners, we have a communally owned solar PV system on the roof in one area. In principle we could do other things such as collecting rain water for the common property garden or some other thing we have not yet thought of so long as it did not interfere with parking.