#27043
Lady Penelope
Strataguru

    Mailbox – Yes. It is possible for the OC to grant a lease or a licence (by Special Resolution) over the use of common property in front of the garages. It is also possible for the OC to charge a fee for this grant. The relevant sections are below as is a link to an explanation about the differences between a lease or licence, and the process involved. 

    https://www.strataconsultants.com.au/quick-guide-to-leases-and-licences-over-common-property/

    and

    STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 112

    Owners corporation may grant licence to use common property

    112 Owners corporation may grant licence to use common property

     

    (1) An owners corporation may grant a licence to an owner or occupier of a lot in the strata scheme or another person to use common property in a particular manner or for particular purposes if the owners corporation has approved the granting of the licence by a special resolution.

    (2) A licence may be granted subject to terms and conditions.

    Note : Division 3 of Part 7 enables owners corporations to make common property rights by-laws granting exclusive use rights and special privileges (including licences) in relation to common property.

    (3) Without limiting this section, a licence may be granted under an agreement with the local council for a strata parking area under section 650A of the Local Government Act 1993 .

     

    STRATA SCHEMES MANAGEMENT ACT 2015 – SECT 113

    Agreement for payment to owner of consideration on transfer or lease of common property

    113 Agreement for payment to owner of consideration on transfer or lease of common property

    An owners corporation may, in accordance with a special resolution, make an agreement with an owner for the payment to the owner of:

    (a) the whole or any part of the consideration under any transaction proposed to be entered into by the owners corporation under Division 6 of Part 2 of the Strata Schemes Development Act 2015 , or

    (b) any money payable to the owners corporation under a common property rights by-law.