Question: Our 3 unit lot has one visitor space. All units are rented and one tenant has been given permission to use the visitor parking. Why can’t I, or the other resident, use this spot as well?
I am a Tenant living in 1 of 3 Townhouses in NSW, all of which are rented. We all have a garage and there is one visitor parking space directly in front of townhouse 3.
Townhouse 3 has always been allowed to park in the visitor car spot while any visitor, townhouse 1 or myself cannot. My property manager recently explained “no one can park in this spot excluding the occupant of townhouse 3. Unfortunately, this is an arrangement with Strata and nothing can be done to change it.”
For this arrangement to be enforceable and legal, does it have to be put in writing under the By-Laws and if so can I request a copy from Strata? I’m interested to see when the actual effective date was and why they have made allowances for that resident and not the other tenants or visitors to be able to park in the visitor’s car spot.
Answer: If the area belongs to Lot 3 under an exclusive use by-law, this would be recorded in the strata by-laws.
You would need to check the actual strata plan and by-laws however this sounds like a breach of what is meant to happen in a strata scheme. If the area belongs to Lot 3 under an exclusive use by-law, this would be recorded in the strata by-laws.
You most likely will be able to apply to NSW Fair Trading for mediation if you wish to pursue this further personally.
This post appears in Strata News #451.
Rod Smith The Strata Collective E: rsmith@thestratacollective.com.au T: 02 9879 3547