NSW Strata by laws vehicles

@JimmyT said:
…If it’s just a “licence” based on an EC motion, you overturn it at an EC meeting…

Ah, that’s interesting. Does the ability in NSW for the EC to give a ‘licence’ for some use of common property have a broad application or is it just for parking? In the ACT the EC can give (and rescind) permission for a ‘minor use’ of common property with or without conditions if the use would ‘not unreasonably interfere with the reasonable use and enjoyment of the common property by other owners’. I know at least one person who has a different view from me on what can be ‘minor’. I had the possibly mistaken impression that even the most trivial incursions onto common property involved by-laws in NSW. Was that wrong? 

@1006 said:
What about if ” said arrangement ” for parking was done under general business at agm, not on agenda, then minutes confirmed next agm, so they are insisting they have written approval for parking on common property. 

Firstly, it would help a great deal if you would just tell us what the situation is, rather than feeding titbits every time we respond.

But to answer your question, a decision taken at an AGM as part of “General Business” has ZERO standing.  You can’t have “general business” at a general meeting as every item discussed must be on the agenda so that owners have an opportunity to consider the issue before the meeting.

If the minutes were agreed at a subsequent AGM, that was done erroneously, because the decision should never have been made. As I have explained, the original decision was incompetent so any subsequent decision to approve it retrospectively would be invalid. 

In short, there is no valid agreement unless there was a specific item on an agenda that was presented  14 days in advance as the Act requires.

We seem to be drifting off-topic a little, but in response to Peter’s question about whether a licence to use common property under NSW Legislation has applications in addition to parking, the answer is YES – although parking is the most common in my experience.

In an attempt to summarise and clarify the position that in my opinion applies to 1006’s situation:

1. The Executive Committee may give someone “permission” to use the common property for a specific, short term application such as for a few weeks to park a tradesperson’s vehicle or trailer on the common property so that it’s closer to an owner’s Lot whilst they’re working there.
2. A “licence” to use the common property applies to something more permanent such as to regularly store a boat / trailer near an owner’s Lot, where the decision needs to be made by the Owners Corporation on the basis of a specific Motion placed on the Agenda of General Meeting, where conditions such as a payment by the proponent usually apply, and where a special resolution is required in order for the Motion to pass the vote (i.e. ≥75% in favour by unit entitlement; a “poll vote”), OR;
3. A situation where an Owner wants to not only use the common property in some permanent manner, but also wants to change it in some way such as by adding some permanent structure such as a pergola, over which the proponent and not all owners would have exclusive use. The process here is the same as in #2 (above) with the additional requirement of a Special By-Law being concurrently approved (at the General Meeting) IF the Owners Corporation wants to make the proponent responsible for maintaining and repairing whatever it is that they’re adding to or altering on its common property; which would generally be the case.

To conclude, whilst a “permission” and a “licence” under examples #1 & #2 can have a sunset clause and/or an annual review say at each General Meeting (AGM) where those present could amend or rescind the licence, a grant of exclusive use such as in #3 can only be withdrawn if the Lot Owner concerned agrees to that in advance and in writing; that is the original Owner as the proponent and any subsequent owner of that Lot.

First of all, KiwiPaul was quoting by-laws which may not be the by-laws you have for your scheme and aren’t the current model by-laws for NSW.

The model by-laws that I pulled of the web this morning are slightly different (see below) but that is hardly the point.  It’s the by-laws that are in place in your strata scheme that matter.  Model by-laws may have changed since yours were adopted, but your scheme’s by-laws will only change if you and your neighbours change them.

So look at your own by-laws and what they say.  If they say no one can park on common property ever, that that is the prevailing rule for your scheme. But FYI, here are the current model by-laws that will be adopted by most new strata schemes.  Again, yours may be different and you will have to read them to discover how.

2 Vehicles
An owner or occupier of a lot must not park or stand any motor or other
vehicle on common property except with the prior written approval of
the owners corporation.
3 Obstruction of common property
An owner or occupier of a lot must not obstruct lawful use of common
property by any person except on a temporary and non-recurring basis.