This article discusses the voting requirements to allocate car parks and when a resolution without dissent or council approval may be required.
Question: 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?
Answer: 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.
This post appears in the August 2023 edition of The QLD Strata Magazine.
Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753
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