#18734
Sir Humphrey
Strataguru

    When the strata plan was built I would assume there was a part of the development approval that established that sufficient parking was provided to meet the likely requirements of the 16 lots. I would ask how much parking exists overall and what was implied in the design of the site about its use. Is it obvious that it was assumed that the 4 units would park on common property? Is there enough common property parking that all 16 units could be granted exclusive use of one space. Then 4 would have one common property space and 12 would have one common property space plus the space that is on their title. If it would be practical, done that way all units gain the same benefit from the common property. 

    The situation here is reminiscent of the situation we have. In our case a minority of units had spaces specifically to construct carports adjacent to the units shown on the unit plan and part of the title etc. The majority however simply had sufficient parking in a series of open asphalt pads on common property but none was allocated to anyone in particular. Over the years these were allocated on the condition that the unit owner funds the cost of carport construction and maintenance. Recently all but a few had such a deal. Then we some of the last applied to have the same benefit from the common property that the rest had they ran into resistance and (long story short) the OC discovered that none of the allocations had been properly granted over a period of 30 years. We then had no choice but to devise a scheme to correctly allocate all the previous allocations while also allocating similarly for the last few units without parking. In the ACT that required an unopposed resolution (not Special as in NSW) and it was opposed by a few owners who had the wrong end of the stick (they lost nothing etc). It required a tribunal ruling that their objections were unreasonable to fix the issue.

    So, there might be a way to help out the 4 owners that nonetheless makes equitable use of the common property and benefits all. Then make sure you do it correctly! In our case the resolution given effect by the tribunal sets out conditions on the use of the common property parking spaces for limited purposes including maintenance obligations on the benefiting owners. The exclusive use does not preclude owners from allowing others to use their space or to rent it out.