Question: My lot has a huge disabled parking spot for my adaptable unit. It’s big enough for 2 small cars. Is there a regulation or law that restricts me from parking 2 cars in this space? My lot has a huge disabled parking spot for my adaptable unit. It’s big enough to park 2…
Question: Can we wash a car on common property in NSW? At our single-level complex of 18 villas, we each have one garage. Can we park a vehicle on common property in front of our own villa, not blocking any access or garage, to wash a vehicle using our OWN water? Answer: As the apron…
Question: I’m renting a unit in Brighton-Le-Sands, southern Sydney and I have a double garage. Can I use the garage for DIY projects rather than for parking of vehicles? Answer: Seek strata permission through your strata manager or your strata committee. It is advisable to seek strata permission through your strata manager (if you…
Question: My allocated parking spot has a tree in front if it which makes accessing the spot especially challenging. What can I do? I am currently renting a strata unit with an allocated parking spot. My allocated parking spot has a tree in front if it which makes entering and exiting the spot especially…
Question: Can other lot owners walk through my car parking space? Answer: No. Technically this is trespass because you own the cubic air-space of the lot through which they are traversing. It may potentially be a nuisance too For the full question and our detailed response, visit the original publication at Look Up Strata. Do you have…
Question: My garage is in immediate need of repair to the point of causing damage to my car. I have requested maintenance but nothing is done. What can I do? My basement garage in my strata building has no glass in its windows, just some plasterboard covering where glass should be, and the window…
Question: When recovering late levy payments, can the Owners Corporation recover the costs of using a lawyer/debt collector from the recalcitrant owner? Every time I ask for a motion to be placed on the agenda for the AGM, either the Strata Manager or the Strata Committee completely rewrite my motion. There is illegal parking occurring in…
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…
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…
Question: To help solve our resident parking problems, we would like to convert a visitor car park into a unit car space. Our strata manager tells us we can do this without having to comply with our development consent. Is this correct? I am one of the committee members for a 65 apartment building….
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…
Question: A resident has moved into one of the units in our strata, however, she is not registered as a tenant but as an ‘approved resident’. She is considered a visitor and is able to use visitor parking etc. What can we do about this? Answer: The easiest way to regulate this visitor is…
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…
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…
Question: What law now governs the towing of motor vehicles? Answer: From 1st July 2020, new laws regarding the disposal of goods abandoned on the common property came into effect. From 1st July 2020, new laws regarding the disposal of goods abandoned on the common property came into effect. The regulation of the treatment…
Question: Can I legally have a car towed that is parking in my strata units designated car park? The structure is 90 units in Newcastle NSW, 7 floors high with underground parking. Answer: You cannot have the car towed as you need the consent of the owner of the car. Generally speaking, no you cannot…
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…
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…
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…
Question: Does a resident’s right to peace and quiet in a lot (as stipulated in a bylaw) mean that people using a carpark area right outside a lot must keep their noise to a reasonable level? Answer: In our view, noise must be kept to a reasonable level. The standard noise by-law covers this,…