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@waverton said:
Our building has 4 owners, in a building of 16, who do not have parking spots as part of their title. They have asked the EC to give them the right to permanently park on common property. They do not want to pay any extra levies or fee for this right and they want the rights if granted to pass to any future purchasers of their units. Is this a reasonable request … and can the EC give them this right without a Special Resolution going to an GM or AGM?
So many questions and all the answers are the same – no, no and no.
Firstly, this is not a reasonable request – they want a free parking space and to not have to pay extra levies when they get it. On your bike, would be my response.
Second, the EC does not have the power to give them permanent exclusive use of Common Property – that would require a special resolution by-law passed at a general meeting with no more than 25 percent of those voting to be against it.
Finally, they have to pay something like the going rate for a car space or you are defrauding all the other owners (at least one of whom, I’m guessing, will take you to the CTTT and blow this out of the water).
Tell them to come back with a reasonable offer including a by-law drawn up to your specifications at their expense.
Or, a better way, if you have the space, is to offer them car spaces for lease from the Owners Corp with some sort of guarantee that the owner or tenant will have first refusal on the space whenever it becomes available, say on a six-monthly basis.
That way they get their car space and nobody gets ripped off.