NSW: Q&A Best Way to Solve Resident Parking Problems in Your Apartment Building

Question: To help solve our resident parking problems, we would like to convert a visitor car park into a unit car space. Our strata manager tells us we can do this without having to comply with our development consent. Is this correct?

I am one of the committee members for a 65 apartment building. To help solve our resident parking problems, we would like to convert a visitor car park into a unit car space. Our strata manager tells us we can do this without having to comply with our development consent. They have provided the following information:

“..any visitor car park space can be converted to lot owners car park space by a special resolution in EGM/AGM. There is no such clause saying council will restrict as the DA has been approved prior and once the occupation certificate has been issued, owners have moved in, the building is managed by the strata, it will be the majority vote for the motion to be passed out. The car park usage is manned by the bylaws of the building, all we need is to pass a motion to adopt a new bylaw. We have done this at many buildings.”

We are currently complying with the minimum number of visitor spaces required by our local council development consent of 1 visitor space per 5 units. If we go ahead with the conversion of one visitor space to a resident car space, we will be going against the development consent.

Is our strata manager misleading us based on the information they have provided?

Answer: A strata building cannot simply pass a by-law for the above conversion in direct contravention of the original development consent. This would be invalid.

Development consent for the conversion will likely be required and, if approved by Council, then by-laws, special resolutions and in all likelihood, a strata plan of subdivision will be required. If this is the case, you will need a valuer to re-allocate unit entitlements etc.

A strata building cannot simply pass a by-law for the above conversion in direct contravention of the original development consent. This would be invalid.

At first instance, you may wish to make a telephone enquiry to your local Council to confirm the requirement for a development application and then seek further advice from a planning /strata specialist lawyer. We can provide details of same if you require.

For the full question and our detailed response, visit the original publication at Look Up Strata.

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