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Our questions relate to a NSW strata scheme where all garages and outdoor car spaces are exclusive use and all units have a parking space.
1. Can lot owners rent their parking spaces to anyone they want? For example, rent directly to the tenant of another lot? OR is it necessary to rent to another lot owner with a clause in the agreement saying that the lessee’s tenant will use the parking space?
2. Is a Licence Agreement (rather than a Lease) sufficient regardless of whether the parking space is rented to a tenant or a lot owner?
3. Also, 2 lot owners have advised that they want to exchange parking spaces so they end up with their new parking spaces being located directly beneath their own units. We note from common property title searches that when exclusive use of parking spaces were originally granted to all lots, that this was done by passing a by-law in an EGM. We presume that we will also now need to hold an EGM with a motion to pass a Change of By-law regarding the exchange. OR has the procedure changed?
We will understand perfectly if you tell us to consult solicitors. Whatever your reply, thank you as we love the service you provide.
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