Question: Our strata manager has informed us that we can convert our visitor car park into a unit car space with a special resolution and without having to comply with our development consent. Is this correct?
Our strata manager has informed us that we can convert our visitor car park into a unit car space without having to comply with our development consent.
We are atm complying with the minimum 13 visitor car park spaces as per Strathfield council development consent (1 visitor space per 5 units) but if we convert one of them, we will be going against the development consent.
‘Afternoon Committee, any visitor’s car park space can be converted to a lot owners car park space by a special resolution in EGM/AGM. There is no such clause saying council will restrict as the DA had been approved prior and once the occupancy certificate has been issued, owners have moved in and the building is managed by the strata, it will be the majority voting for the motion to be passed out. The car park usage is manned by the bylaws of the building, all we need is to pass a motion to adopt a new bylaw. We have done this at many buildings’
I understand from previous LookUpStrata Q&As that the development consent is enforced at any given time until council says otherwise, in contradiction to what our strata manager has advised.
Is our strata manager misleading us or I have misunderstood your posts?
Answer: A strata building cannot simply pass a by-law for the above conversion in direct contravention of the original development consent.
Development consent for the conversion will likely be required, and, if approved by Council, then by-laws, special resolutions and in all likelihood, a strata plan of subdivision will be required, in which case a valuer will also be required to re-allocate unit entitlements etc
A strata building cannot simply pass a by-law for the above conversion in direct contravention of the original development consent and would be invalid.
At first instance, you may wish to make a telephone enquiry to your local Council to confirm the requirement for a development application and then seek further advice from a planning /strata specialist lawyer. We can provide details of the same if you require.
This post appears in Strata News #611.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
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