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The Owners corporation for my holiday apartment is calling an extra ordinary meeting to introduce a by-law to restrict the times an owner can park in their parking space. This parking space forms part of my lot and is in my lot entitlement.
They also want to restrict the type of vehicle to exclude trailers and boats and only allow registered cars to park on the owner’s lot parking entitlement and only when an owner is at the property.
The reason is that they built the site caretaker’s garage driveway over my parking space and when I have a vehicle parked there, the access to the caretaker garage is restricted. The driveway was illegally built over my parking lot entitlement with no permission from the owner at that time and details of who owned the lot area, the driveway was built over was falsified to Council.
They also want to traverse over my parking space to access the garage when I’m not at the property.
The points are;
The parking space I have forms part of my lot entitlement and is in my title,
The property is a residential unit strata property,
All the strata properties are used as holiday properties and no owner lives at the property.
Can this type of by-law restricting the use of my title parking space be upheld if challenged at the NSW tribunal?
If it should not be upheld, what is the section in the SSMA I should use to dispute this by-law once passed and I apply to have the by-law revoked to an adjudicator?
My experience at Tribunals is that the applicant has to highlight what section of the Act the By-law breaches but the SSMA does not detail information on owner’s lots.
Please advise as I can’t find any information about by-laws relating to owners rights for their lots. Thank you.
P.S. This Exec. Committee is running wild. They have introduced a By-Law to stop owners communicating by email.
As non of the owners live at the property, this restricts communication between owners but again, I have to find a law this by-law contravenes and I can’t find a law that upholds people’s rights to communicate freely.
At least in the US they have the 5th amendment… we have nothing and no rights.
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A bylaw cannot restrict access to your lot and the parking space is part of your lot. They can restrict what you park their (no trailers, boats, etc) so long as they apply it to everyone but you can park whatever vehicle you like their as long as you like.
You seem to be saying these are all holiday flats and you don’t live their so the tenant can park their or you can with your tenants permission (assuming parking space is included in the holiday let).
A bylaw restricting your right to send emails is unenforceable and should be ignored.
@Bongo drum said:
P.S. This Exec. Committee is running wild. They have introduced a By-Law to stop owners communicating by email.As non of the owners live at the property, this restricts communication between owners but again, I have to find a law this by-law contravenes and I can’t find a law that upholds people’s rights to communicate freely.
KP is right, they can’t tell you what to do and what not to do but the fact is that email communication is an ‘opt-in’ in strata schemes, regarding communications between the committee and/or strata manager. Also, strata managers are usually very careful not to provide email addresses to other owners, citing privacy legislation.
But if you already have the email addresses of other owners, the first thing I would do is to write to them and ask them if they are happy with the way their properties are being managed, specifically their efforts to stop owners communicating with each other.
It’s not up to you to find a lw that the by-law contravenes – it’s up to the EC to issue notices to comply and make them stick at NCAT (which I’m pretty sure would bounce this one straight back out the door).
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.
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