If the parking spaces are not visitor parking spaces or the owners corporation is successful in varying the consent conditions, the owners corporation can then lease the spaces on a daily basis. If the owners corporation wish to lease visitor parking spaces to owners or occupiers, the owners corporation will need to approach Council and seek to vary the development consent conditions. Visitor parking spaces have to be provided for bona fide visitors and cannot be used or leased to owners or occupiers. It is likely that the development consent conditions imposed by Council when the building was constructed require a certain number of visitor parking spaces. Answer: Visitor parking spaces have to be provided for bona fide visitors and cannot be used or leased to owners or occupiers. Or is renting of common property visitor car parks to not allowed in NSW? Of course all monies collected would go to the sinking fund of our strata. We would give first preference to townhouses with no driveway to rent on a daily basis.Ĭan the Owners Corporation do this legally. In order to assist residents with car parking issues in our strata we would like to provide 15 visitor car park bays for residents to rent. Our strata complex has 35 common property visitor parking bays. The remaining townhouses do not have a driveway and are entitled to park one car only in their garage. Some of the townhouses have an additional driveway in front of the garage for one additional car to be parked on the driveway. Our strata consists of 175 townhouses with one garage each. Question: To assist residents with car parking issues in our strata we would like to rent a portion of our visitor car park bays to residents. This post appears in the March 2022 edition of The NSW Strata Magazine. This by-law would permit an owners corporation to enforce a development approval condition as if it were a by-law such as through issuing a notice to comply with a by-law, applying for Fair Trading mediation, and applying to NCAT to restrain the breach. The owner or occupier of a lot must ensure that the lot is not used for any purpose that is prohibited by law. By-law 18(1) provides: 18 Compliance with planning and other requirements In addition, if the owners corporation has adopted model by-laws (or some variant of them), then it is likely to have model by-law 18(1) under schedule 3 of the Strata Schemes Management Regulation 2016. Under those sections, where a development approval condition is breached, any person including an owners corporation may commence a case in the Land & Environment Court to seek an order in the nature of an injunction to restrain the breach. This position arises under sections 9.45 and 9.46 of the Environmental Planning and Assessment Act 1979. The condition must be complied with by any lot owner or occupant. If so, then it is important to understand that it is the local council that imposes this prohibition and not the owners corporation. There may be a development approval condition applying to a strata building that prohibits a lot car space being rented out. No by-law is capable of operating to prohibit or restrict the devolution of a lot or a transfer, lease, mortgage or other dealing relating to a lot. This prohibition is found in section 139(2) of the Strata Schemes Management Act 2015 which provides: Restrictions on by-laws This position arises because an owners corporation cannot have a by-law that restricts a lot owner renting out their lot including part of the lot such as the car space. Can the strata Owners Corporation stop me from renting out this car space? Answer: An owners corporation cannot prevent a lot owner renting out a car space that is on their lot title.Īn owners corporation cannot prevent a lot owner renting out a car space that is on their lot title. The lot includes a lock-up garage space however I do not own a car. Understand Strata Management with this Five-Minute GuideĬLICK HERE TO BE NOTIFIED WHEN WE PUBLISH CONTENT TO THE SITE Question: I am a lot owner living in my apartment in Sydney.Glossary of NSW Strata Terms and Jargon.
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