Question: An ordinary resolution passed in 1991 at a general meeting voted to allow owners to park on common property and gave them allocated spaces. Do these owners have exclusive use rights of the common property?
Answer: As no by-law was created, no exclusive use was validly created.
This is a complex legal question, however, in our view, because no by-law was created, no exclusive use was validly created. We envision that any attempt to challenge this historic “exclusive use” situation will be hotly contested.
To regularise the matter, the owners corporation could retrospectively pass a by-law, repeal the resolution and reverse the parking arrangements or you could (depending on other facts and legalities) seek Orders from NCAT that the resolution be invalidated.
Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.