These Q&As are about whether you need a bylaw for things like parking rules or installing a light on common property in NSW.
Table of Contents:
- QUESTION: Do we need a By-Law to install Common Property lighting?
- QUESTION: We agreed years ago to park cars on common property. A new resident has complained and now our strata manager says we cannot do this. Why change when it’s been working well for years?
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Question: Do we need a By-Law to install Common Property lighting?
I live in a 5 villa complex all on ground level with no common power.
The common driveway is very dark and our Strata Committee has agreed to place a sensor light off the roof of one villa. The owner of this villa is happy for his power to be used and is not seeking any compensation. The cost of installation is coming out of Strata funds.
Do we need a ByLaw for this?
Answer: To add improvements to common property requires a special resolution of the owners corporation.
To add improvements to common property requires a special resolution of the owners corporation.
The owners corporation could enter into a deed to bind an owner to give power to it. But this would not bind a subsequent owner.
David Bannerman
Bannermans Lawyers
T: 02 9929 0226
Suite 702, 2 Elizabeth Plaza
North Sydney NSW 2060
This post appears in Strata News #435.
Question: We agreed years ago to park cars on common property. A new resident has complained and now our strata manager says we cannot do this. Why change when it’s been working well for years?
We are a small, self managed strata block in NSW. Years ago we made an agreement we could all park on common property.
A new resident has moved in and taken us to NCAT. We got appointed a strata company who have now said we can’t park in our allocated spots on common property even though we have all agreed it’s ok.
We are on a really busy street with no parking. What happens now? Do I have to abide by these parking rules even though we have all agreed and the system has been working fine for years?
Answer: If there is a parking by-law, this cannot be easily disputed by the new owner who has moved downstairs.
If there has been a new by-law or changes to an existing by-law that allows lot owners of the strata to park in the common area, then this cannot be easily disputed by the new owner who has moved downstairs. Even if they dispute it and make a claim at NSW Civil & Administrative Tribunal, the Tribunal would have to be satisfied that the parking by-law is invalid for reasons that it is harsh, unconscionable or oppressive.
However if a by-law does not exist to allow parking in the common area then now is the opportunity to convene a meeting with all owners with an aim to modify or adopt new by-laws that are in the interest of the owners. This requires a special majority vote and if you and all other owners have already agreed to this then it will not be difficult for you to obtain their support. If there has been a motion already passed by a special majority of the owners, then you should not be compelled to stop parking in the common area.
A by-law, once passed, must be registered so as to be enforceable.
Yuhao Gu
Omega Legal
E: [email protected]
P: 0402 990 108
This post appears in Strata News #344.
Have a question or something to add to the article? Leave a comment below.
Read next:
- NSW Case Study: Is your illegal parking notice just an empty threat?
- NSW: Can parking offenders be towed from common property?
- NSW: Q&A Light Shining Into the Apartment Causing Nuisance
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In relation to parking on common property, it may be possible for common property other than visitor carpark areas to be agreed by owners and used as the Body Corporate see fit.
In Queensland at a recent Brisbane BCCM conciliation meeting, the Body Corporate Committee were instructed that visitor carparks cannot be used by residents even if agreed by Committee or a vote of owners. The Council Development Application at time of construction defines the number of visitor carparks that must be available for “visitors” at all times and they cannot be used by residents at any time. In this case, it leads to idle visitor carparks that residents would love to make use of. The only way to address this is a new Application to Council to review. under current/updated guidelines.
Can the owners corporation in an industrial strata stop owners from parking unregistered cars (being restored) covered by car covers in the owners own car space – on their title?
I have an issue whereby vehicles keep on parking at my car space. I have contacted the Strata Manager that I intend to install a key operated bollard. I’m still waiting for a reply. Is this legal ?
Thank you these articles are good. but.is it possible to relate the issues to all state bylaws such as WA etc so they .can be of definate use to all