PARKING:Conflict between Strata bylaws and DA approval | Parking Peeves | Flat Chat Forum: Your Questions Answered




A A A

You must be registered and logged in to reply to posts or post new topics. Click on "How to Use This Forum" for simple instructions on how to get on board. NB: Please do not use your real name or email address as your screen name - if you do it will be changed to something less insecure.

Avatar

Please consider registering
Guest

Search

— Forum Scope —




— Match —





— Forum Options —





Minimum search word length is 3 characters - maximum search word length is 84 characters

Register Lost password?
sp_Feed sp_PrintTopic sp_TopicIcon
PARKING:Conflict between Strata bylaws and DA approval
Avatar
hombre
FlatChatter
Members
Forum Posts: 5
Member Since:
30/06/2014
sp_UserOfflineSmall Offline
1
05/10/2017 - 2:01 pm
sp_Permalink sp_Print

Our strata block in inner Sydney has a conflict between the DA Approval for 8 parking spots on common property and the by laws, which allocated 9 parking spots. For 35 years this has not been an issue, however, a new owner in the strata has claimed that she is entitled to a parking spot.

What takes precedence, the DA or the By laws (where obviously an error has been made).

In earlier NCAT decisions there have been findings that entitlements to use common property are reflected in a premium price paid by an owner for exclusive use entitlements. In this case the new owner bought the unit which was advertised without a parking entitlement. No premium was paid.

How would NCAT find in this case?Laugh

Avatar
Sir Humphrey
Canberra
StrataGuru
Members

Full Members

Moderators
Forum Posts: 965
Member Since:
19/04/2011
sp_UserOfflineSmall Offline
2
05/10/2017 - 6:37 pm
sp_Permalink sp_Print

The DA probably intended to require a minimum number of parking spots for the number and size of units so having one more actually on the ground is unlikely to be a problem.

If the OC, by passing a by-law, decided to allocate these parking spots a particular way, then that is also probably OK, so long as it did not unfairly disadvantage one unit. I would think that if parking spaces on the common property are allocated to some units then every unit should have at least one allocated. That would enable an equitable use of the common property by all units. 

Unit entitlements only come into it if the parking spaces were part of the lot/unit. 

Avatar
JimmyT
Admin
Forum Posts: 4682
Member Since:
06/01/2014
sp_UserOfflineSmall Offline
3
09/10/2017 - 6:44 pm
sp_Permalink sp_Print

Sir Humphrey said
The DA probably intended to require a minimum number of parking spots for the number and size of units so having one more actually on the ground is unlikely to be a problem.

Here in the City of Sydney, the council is just as likely to set a maximum number of parking spaces, to try to "encourage" residents on to public transport.  So it's worth check with your local council to see if there's an issue with the maximum number of allocated spaces before changing anything. 

Forum Timezone: Australia/Sydney

Most Users Ever Online: 518

Currently Online:
23 Guest(s)

Currently Browsing this Page:
1 Guest(s)

Top Posters:

kiwipaul: 613

struggler: 459

Austman: 308

Billen Ben: 232

Millie: 213

Cosmo: 170

Kangaroo: 168

considerate band fair: 167

FlatChatFan: 147

daphne diaphanous: 137

Newest Members:

Su

Suze

Ricardo

aryan dash

joking

pari20777

Nick-725

Kathleen Arnold

RWallis

brendon8484

Forum Stats:

Groups: 4

Forums: 46

Topics: 4430

Posts: 21072

 

Member Stats:

Guest Posters: 241

Members: 5050

Moderators: 4

Admins: 1

Administrators: JimmyT

Moderators: Whale, Sir Humphrey, scotlandx, Lady Penelope