NSW: Q&A Approval & ByLaws for Apartment Storage

 

Question: Our strata is demanding that we don’t store anything other than a car in our car spot? Is this Legal? If the boxes are neat and tidy, why can’t we store them in our parking lot?

Answer: Your scheme may have the standard by-law 17, or have a specific by-law for prohibition of storage of items in the garage which typically states “only a motor or other vehicle” may be stored in the garage of the lot.

Your scheme may have the standard by-law 17.

17 Appearance of lot

  1. The owner or occupier of a lot must not, without the written consent of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.
  2. This by-law does not apply to the hanging of any washing, towel, bedding, clothing or other article as referred to in by-law 10.

Note: This by-law was previously by-law 29 in Schedule 1 to the Strata Schemes (Freehold Development) Act 1973 and by-law 30 in Schedule 3 to the Strata Schemes (Leasehold Development) Act 1986 .

Or you may possibly have a specific by-law for prohibition of storage of items in the garage which typically states “only a motor or other vehicle” may be stored in the garage of the lot. These by-laws are quite common and legal, according to industry practice. In the absences of a by-law, the DA will typically set out the approved use of a car space and it is generally to park (store) a car not general storage items, including boxes.

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

Do you have a question relating to your property or development? Contact us!

Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.

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