Question: Some residents in our building use the visitor parking spaces as an additional parking spot. Is it possible to increase levies for these few residents and not all lot owners?
Answer: First you need to ascertain from the development consent for the building exactly how many visitor parking spaces are required by law.
Before answering the question on whether such an arrangement would be legal, you would need to ascertain from the development consent for the building (available from Council) exactly how many visitor parking spaces are required by law.
Visitor car parks are to be used for bona fide purposes, therefore, charging residents for a contrary use would not be recommended.
The scheme could, however, apply to modify the council conditions and, subject to consent, convert some of the spaces to common property parking spaces and then licence, lease or otherwise charge fees for use (or give exclusive use which they are resisting) (rather than increasing levies).
Subject to council consent, you could also apply to convert them to individual lot property and sell off any extra spaces for valuable consideration (to be paid to the owners corporation). This will require a subdivision of the strata plan.
Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.