Flat Chat Strata Forum Parking Peeves Current Page

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  • #9169
    TonyC
    Flatchatter

      Could I share a recent NSW Supreme Court decision with you called EB 9 & 10 Pty Ltd v The Owners SP 934 [2018] NSWSC 464?

      The Strata Scheme was at 45 Macleay Street, Potts Point. It was an old strata – being strata titled before 1 July 1974, and therefore it was possible to have and did have a separate title for each car parking space.

      Parking being scarce in Potts Point, the owner of a home unit up the street bought the car space. Trouble began soon afterwards. The OC put up a chain barrier to separate the car space from unused land which was common property, which needed to be removed every time to enable a car to cross into that land to be parked in what was a ‘tight’ parking space. Worse was to follow: the OC planned to build a car parking area or a garden area on the unused land, with a fixed barrier close to the parking space which would make parking almost impossible.

      So the owner took the OC to the Supreme Court, asking for a declaration that the OC not unlawfully interfere with his right to access the parking space. The Court made that order. The chain was removed and the barrier proposals will need to be abandoned.

      But in an interesting twist, the owner was ordered to pay the legal costs of the OC (in addition to his own) even though he won, because the Strata Law says that if a strata dispute can be heard in NCAT, then it should be heard in NCAT. 

      Here’s a link to my full case note – An Owner’s Corporation cannot restrict access to a car space in a strata scheme

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