› Flat Chat Strata Forum › Parking Peeves › Majority owner hiving off parking for tenants › Current Page
I’m assuming the owner who owns 70% of the lots is NOT the developer because if so different rules apply (and these are even more restrictive).
When the development was approved by the local council they would have specified a certain no of Visitor Parking Bays before granting approval of the development. Do any of your plans show the Visitor Parking Bays labelled as such.
No one can change the use of these Visitor Parking Bays without the written approval of the local council. If you took this to adjudication I believe you would win.
These parking bays can only be used by genuine visitors and not by residents or for storage of other items.
Even if everyone voted to allow residents to use the Visitor Bays any new tenant or owner who objected would be able to have the decision overturned because changing the use of the visitor parking bays is NOT within the power of the OC.
You just need to make sure the visitor parking bays are denoted on the plans of the development.
A bylaw granting residents use of the visitor bay would be meaningless as it conflicts with a higher law, that of the council which is the relevant law.