#25019
Jimmy-T
Keymaster

    If the DA clearly says one parking sport per unit then any by-law that attempted to subvert that would not be valid.  In simple terms, by-laws can’t be created if they are in conflict with superior laws (in this case, your planning laws).

    Obviously, the people who have benefitted from this aren’t going to give up their parking spots without a fight but that doesn’t mean you shouldn’t press on with this.

    As for people who bought their unit in good faith, believing it had access to more than one parking spot, that may well be a case of “caveat emptor”. 

    If you feel strongly enough about this, you could call a general meeting, proposing a by-law or even a simple resolution re-allocating the spaces to different units (where necessary). If that failed, then you could seek orders at NCAT for the Owners Corp to abide by the DA.

    It will be tough fight and cause a lot of bitterness, so make sure you have the majority of owners on your side.

    And before doing anything else, talk to an experienced strata lawyer.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.