Basil
Merry Christmas to you too. You haven’t told us where you live so we’ll have to assume NSW.
It sounds like your lucky car park owners want to have their cake and eat it, whether it’s Christmas or not), by not wanting to pay for the car spaces but requiring the other owners to repair them.
First you need to check with the original strata plan to see if these car spaces are common property or part of their allocated private space. If they were given exclusive use as part of a special resolution, there may well be conditions that require them to maintain the space.
If not, the easiest way to resolve this is for a voluntary agreement that formalises the exclusive use and states that they accept ongoing responsibility for repairs (but not these ones) and that they pay compensation to the rest of the building – and I can already hear their response to this double whammy.
In that case, you are right to look at unit entitlements. If they are paying the same levies as similar units that don’t have car spaces, then there is an inequity that should and can be resolved by making an application to the CTTT.
To support that application, you will need a professional survey to show that there is a significant imbalance in the Unit Entitlements (ironically, the Parkers will be paying for part of that too).
If that failed, hmmm … the Owners Corp has a legal obligation to repapir common property and owners have a legal obligation to allow access for common property repairs and, you know what, I can see these remedial works taking an awful long time. What with builders being what they are … wandering off to other jobs … forgetting to bring the right equipment … jeez, it could take months to fix this and, you know what, you couldn’t let anyone near it until it was safe.
In fact, I’m thinking it might not be entirely safe now … I wonder how much it costs to get a big sign saying “Danger – No Parking” and a couple of metres of chain.
But seriously, the best thing you can do is to persuade these Parkers that things are about to change, whether they like it or not, and they can work with you to do it the easy and inexpensive way, or work against you and get the same result only costing them (and you) more money.