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  • #9088
    ccbaxter
    Flatchatter

      Our strata was built in the late 60s, it is an unusual building of 36 on a battle-axe block, with two 100 metre driveway entrences to two different streets. There is no visitor parking and obviously some distance to street parking which is very difficult 24/7. (Main road clearway and local school etc.) As you can imagine with no visitor parking and being so far from the street, we have more than our fair share of errant parking, horn blowing and blues in the car park, making what should be a quiet location noisy at times.

      Some units have lock up garages, some units have no garage and no outdoor parking…

      … BUT in 1975 ten owners were granted exclusive use of common property for their own designated outdoor parking spaces. (I think it would be difficult or impossible to find out how many of them were on the Executive Committee at the time but I suspect most of the 10 were on it, or were original owners with clout. None of them are still left here of course.)

      If you add up the unit entitlements of the beneficiaries of this By-Law it would amount to just over half the strata’s total.

      Here is our problem: The ten units in question have been bought and sold several times since 1975 with the expectation that they have outdoor, off-street parking without mention of the status of the parking (on-title or whatever). The owners have never paid any levies for the spaces while the garage owners pay extra and the units without parking pay no extra. But now the area badly needs refurbishing and the exclusive users won’t chip in and expect the wider Owners Corporation to pay it all because they have to according to the Act. Some are on the Executive Committee as protection.

      The By-Law came into existence as “a resolution duly passed on 17th February 1975” but was not registered 21st May 1979.

      I think it is an unjust By-Law and should be overturned. That’s not to say I think the ‘exclusive users’ should lose their car spots (though the way some are behaving they deserve to). I do think, however, they could be given the first chance to buy their own space and should pay for the refurbishment and pay levies for their off-street parking. We could do with some visitor parking too, for tradesmen if nothing else.

      Please can anyone suggest how can we go about over-turning this unjust By-Law? We obviously don’t stand the chance of doing it by unanimous resolution. And the thought of paying big-time lawyers isn’t attractive.

      Here is the By-Law:

      Special by-law 39: The proprietors for the time being of each lot shall have the right to the exclusive use of that part of the common property as corresponds to the lot number as shown oh the schedule hereto and as identified on the plan annexed hereto and marked with the “A” for the purpose of parking a motor vehicle

      [Lot numbers and corresponding parking bay table shown here]

      This by-law shall not be added to, amended or repeled except by the unanimous resolution of the Body Corporate which has the written consent of every proprietor of any lot affected. [By-Law ends.]

       

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