We introduced a new by-law to allocate one car space per garage and 12 visitor parking bays. What voting is required? Do we need to register the by-law with the local council?
I have recently become chairperson of our body corporate committee. Our 24 lot complex was built in 1991. In 2017, through a special resolution at our AGM, all lot owners had the chance to vote to introduce a by-law to allocate one car park per lot within each garage and 12 visitor car parks.
A lot owner insists 100% of owners were required to agree with the change. I believe we only needed two-thirds of voters to agree.
The lot owner believes the by-law is invalid as it isn't registered with our local council.
Is the by-law valid?
There are a few considerations at play here.
There are a few considerations at play here.
By-laws can be changed by special resolution (two-thirds of those who vote in favour and not more than 25% of owners or CSLEs voting against the motion). However, the body corporate cannot:
- by special resolution – allocate car parks to lot owners' for their exclusive use (this requires a resolution without dissent – which is no lot owners voting against the motion). This is then registered with the Titles Office; or
- resolve itself to determine the number of visitor car parks (usually regulated by the council's development approval conditions).
The body corporate should:
- review the applicable council's development approval conditions – to determine if its proposed car parking arrangements are permitted and, if not, seek council approval; and
- assuming there are no issues with council - consider by resolution without dissent any allocation of car parks.
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Todd is an experienced property lawyer who heads up Mahoneys body corporate team.
Todd specialises in body corporate law and predominantly acts for bodies corporate, body corporate managers and lot owners on all matters affecting bodies corporate.
Todd is an active member of the Strata Community Association (Qld). In 2019 he was appointed to the Strata Community Association (Qld) legislation committee and assists in making submissions on behalf of the Strata Community Association (Qld) on issues such as legislative reform in body corporate law.
As Todd is also a body corporate committee member, he understands the day to day requirements of administering a body corporate.
Todd has a focus on achieving practical and commercial results for his clients and understands the market in which bodies corporate operate within.
Todd also provides body corporate managers, and other industry stakeholders, with presentations and training on matters affecting the body corporate industry.
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