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  • #48464
    AvatarCosta
    Flatchatter

    We have 10 car spaces given to 10 out of 36 apartments in our Sydney block as Exclusive Use car spaces when the place was first built in the late 60s. This is discussed and causes constenation every few years as new tenants and owners come and go, one reason being we’re some 150 metres from the street and there is no delivery or tradie parking.

    But the current problem is this: Of late, some of these spaces have been sub-leased for a pretty penny by the occupants, in some cases by tenants without the owner’s knowledge. (It’s possible some busy-body here may be informally brokering deals.)

    I believe this is, strictly speaking, not allowed though the possibility of sub-leasing isn’t mentioned in the ancient Exclusive-Use By-Law. It doesn’t really cause problems except some owners find it galling because no levies are paid for the car spaces whereas some of us pay a separate levy for our separate-title garages.

    So my question is, please, are these Exclusive Use car spaces allowed to be sub-leased?

    #48474
    Avatartharra
    Flatchatter

    I’d start by checking your Development Application/Occupancy Certificate issued by your council. Our Development Application approval issued with City of Sydney Council includes this language:

    “The on-site car parking spaces, exclusive of designated visitor parking spaces, are not to be used by those other than an occupant of or person residing in the subject building and any tenant or registered proprieter of the development site or part thereof shall not enter into an agreement to lease, licence, or transfer ownership of such car parking spaces to those other than an occupant or resident of the subject building.”

    i.e. by all means rent your car space to your neighbours but council don’t want your building turned into the next Wilson car park. Neither do your neighbours btw – brings a world of security hassles depending on how your car park integrates with the rest of the building.

     

    #48527
    Jimmy-TJimmy-T
    Keymaster

    On the other hand, if they OWNED the car spots, the non-residents could not be excluded after this court ruling.

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