A new owner has 2 vehicles that do not fit in the garages and is now parking in front of her garages which is common property, making it difficult for us to enter in and out of our townhouse. She now wants to turn a well established garden with trees into car spaces for her car – Where do we stand to stop this taking place? – Pam, NSW

Q: A new owner has moved into our Strata complex which has 3 townhouses and she has 2 garages. The problem she has 2 vehicles that do not fit in the garages e.g. 1 x 4 by 4 wheel drive and the other a large SUV and now she is parking in front of her garages which is common property and making it difficult for us to enter in and out of our townhouse – We have a well established garden with trees that she now wants to remove so she can turn them into car spaces for her car – Where do we stand to stop this taking place as we have heard that there can be a vote the neighbour has sided with her all they need is a 50% majority rules my understanding is 2 against us – we lose is this true?

 

A: If you have a strata manager it may be worth bringing this issue up with them and explain that you think it’s unfair. Alternatively you may wish to talk to your neighbours before voting takes place and explain to them why you think it would be unfair for it to go ahead.

As for the motion, it will depend on whether the building of extra car spaces is voted as a general resolution or a special resolution.

If it is a general resolution, voting will be based off each lot getting one vote. For it to pass, over 50 percent of votes must approve. Alternatively, if it is a special resolution, voting will be based off unit entitlement. For it to pass there cannot be more than 25 percent of votes against it.