Flat Chat Strata Forum Parking Peeves Current Page

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  • #11376
    Mailbox
    Flatchatter

      Our strata block in inner Sydney has a conflict between the DA Approval for 8 parking spots on common property and the by laws, which allocated 9 parking spots. For 35 years this has not been an issue, however, a new owner in the strata has claimed that she is entitled to a parking spot.

      What takes precedence, the DA or the By laws (where obviously an error has been made).

      In earlier NCAT decisions there have been findings that entitlements to use common property are reflected in a premium price paid by an owner for exclusive use entitlements. In this case the new owner bought the unit which was advertised without a parking entitlement. No premium was paid.

      How would NCAT find in this case?Laugh

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    • #28333
      Sir Humphrey
      Strataguru

        The DA probably intended to require a minimum number of parking spots for the number and size of units so having one more actually on the ground is unlikely to be a problem.

        If the OC, by passing a by-law, decided to allocate these parking spots a particular way, then that is also probably OK, so long as it did not unfairly disadvantage one unit. I would think that if parking spaces on the common property are allocated to some units then every unit should have at least one allocated. That would enable an equitable use of the common property by all units. 

        Unit entitlements only come into it if the parking spaces were part of the lot/unit. 

        #28364
        Jimmy-T
        Keymaster

          @Sir Humphrey said:
          The DA probably intended to require a minimum number of parking spots for the number and size of units so having one more actually on the ground is unlikely to be a problem.

          Here in the City of Sydney, the council is just as likely to set a maximum number of parking spaces, to try to “encourage” residents on to public transport.  So it’s worth check with your local council to see if there’s an issue with the maximum number of allocated spaces before changing anything. 

          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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        Flat Chat Strata Forum Parking Peeves Current Page