NSW: Q&A Can You Use Your Garage for Apartment Storage?

  Question: A lot owner in our 5 lot NSW strata building is using the garage to store carpets for their business. What impact would this have on fire safety and strata insurance? Answer: You should contact your local council and make further enquiries there, as they have powers to stop the business being carried…

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NSW: Q&A Selling a Parking Spot in Strata Apartments

  Question: A lot owner wishes to sell one of their parking spots to me. What are the procedure, pit falls, legalities involved in starting this sale process? Is it possible? I am an owner with a two bedroom unit and one car spot. A neighbouring lot owner wishes to sell one of their parking…

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Ask Premium Strata – Visitors Car Parking

Visitors Car Parking I am one of the committee member for building with 65 apartment units. Our strata manager has informed us that we can convert our visitor carpark into a unit car space without having to comply with our development consent. At the moment We are complying with the minimum 13 visitor car parks…

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NSW: Q&A Exclusive Use of Common Property

  Question: We are selling our apartment. The purchasers have advised that our car space is shown as Common Property. What can we do? We’ve lived in the same Villa for 17 years. We decided to sell a while ago and received an offer last week, which we accepted. We received an email from our…

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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…

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Can parking in your own car space be considered a nuisance?

In a recent decision of The Owners Strata Plan No 2245 v Veney [2020] NSWSC 134 (Veney Case), the Supreme Court of NSW was asked to consider: whether they could make a declaration implying an additional term into an exclusive use by-law, being a by-law which gave the relevant owner the exclusive use of a common property car…

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NSW: Q&A How to Regulate Taxis on Common Property

Question: We get up to 4 taxis a day in the complex. The taxis blow their horn, park on common property and block the driveway. How can we control this? I own a townhouse in a complex. What can we do about taxis on common property areas like driveways? We get up to 4 taxis…

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NSW: Q&A Disabled Parking in Apartments

  Question: We purchased an Off-the-plan apartment and at the prepurchase inspection found our parking spot is the disabled parking space. Can they do this? Answer: You may have purchased what is known as an “adaptable” unit. It would appear you may have purchased what is known as an “adaptable” unit which is designed in…

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NSW: Q&A Exclusive Use of Common Property

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,…

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