Can the parking by-laws of common property not be amended without all owners voting? And does the majority vote take precedence? Would the motion be an ordinary resolution vote or a resolution without dissent? – Kelly, NSW
Some owners in our strata complex want to make changes to the common area by-laws in relation to visitors parking. The majority are trying to have the visitors parking bays nonexclusive to visitors only which allows residents to also park in the visitors parking bays. This has been an ongoing problems for the last 10 years. The units all have 1 private garage but as most people have 2 cars the tend to park the 2nd car in visitors parking bays. 6 units : 2 cars each = 12 cars. 5 reserves visitors parking bay are occupied by residents. I have been fighting this battle for more than 10 years. As there is no street parking, our visitors are forced to park at the shopping centre car park down the road and walk to our premises. I am a ordinary committee member. I just want to put my mind at ease. Can the by-laws of common property not be amended without all owners voting? And does the majority vote take precedence? Would the motion be an ordinary resolution vote or a resolution without dissent.? I feel like no one has my back against these newcomers that have barged in and taken over the once friendly happy community.
– Kelly, NSW
For more information or clarity on changing the by-laws of your property specifically, make sure to go through the regulations in the planning consent first. Sometimes, the regulations in the planning consent can trump the by-laws and may help your case.
Changing by-laws requires a special resolution and unanimous voting from all property owners. According to Strata Schemes Management Act 2015 (SSMA), to change the by-laws of a scheme (section 141-1) or enter an agreement with council in relation to parking enforcement (Schedule 4), you need to have a unanimous resolution in strata schemes.
Ideally, owners and residents are only allowed to park in the spaces allocated to them. They cannot use parking for visitors or emergency vehicle. In a strata scheme, the Common Property Rights by-law may allow owners and residents to apply for parking privileges in common property. However, an owners corporation or strata committee can only make a common property rights by-law if it has the written consent of each owner.
If the parking by-laws are being breached by owners or residents, the owners corporation serves them a notice to comply with the by-law being breached. If the owner / resident continues to ignore the notice, they are liable to pay penalties as outlined by the NSW Civil and Administrative Tribunal.
You may visit the Office of Local Government website to find out more about strata / community parking area agreements.