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? This is a complex legal question, however, in our view, because no by-law was created, no exclusive use was…
Question: We have a non resident who irregularly uses visitor parking while he commutes. He has no connection with our scheme. Are we able to tow his car and is it the best option? There is a procedure for towing cars set out in regulation 34, however, as the subject vehicle is only parked one…
Question: Is the front door common property or the responsibility of the owner? Do lot owners need to seek permission to install deadlocks? As front doors are “fire-doors” for fire safety, the installation of additional deadlocks, peep-holes etc can adversely affect the fire safety of the door and result in the Owners Corporation not being…
It’s the law! Owners Corporations are required by law to repair & maintain the common property. The new legislation allows individual lot owners to sue the Owners Corporation and recover any damages suffered by an owner as a result of the Owners Corporation’s failure to properly repair & maintain the common property. Preserving and enhancing…
Question: Before I owned my apartment, another lot owner was given exclusive use of common property. The area is quite large and I’m perturbed I no longer have access. Is there anything I can do? It is unlikely the exclusive use owner would consent to the by-law being repealed, however, the Tribunal has powers to…
A LookUpStrata reader and unit owner wanted to understand whether the Owners Corporation has a duty to clearly mark common property. The reader purchased a unit without realising that the area outside their unit was a much used common property walkway. In summary, irrespective of there being no visible markings for the common walkway, with…
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