Strata

Any strata buffs out there?

I own a unit in a block of 10 and no one has parking (exclusive use/on title). There is common area parking for approx 6 cars but no one owns them, or so I thought.

In 1996 the head of the strata committee created a by-law that gave his unit exclusive use over all the common area parking, however it was no stamped until December 2013. In December 2013 the owner who used to be on the strata committee stamped the Bi-Law at LPI and made it legit and registered it on the Common Property title. The owner did not have the right to register the By-law as there is a strata company now managing the block and has been doing so since 2008.

The unit is now up for sale and I fear the new owner will try an enforce the By-Law. Is there anything we can do?
 
If the old owner is trying to pass off his unit with 6 parking spots (which would make it way more valuable), you can be guaranteed the new owner will argue tooth and nail that it belongs to them....

What does the strata company say? They are meant to be the experts in this field. Can't they get it undone or something like that? Maybe hold an Extraordinary General Meeting to have this discussed.

That way any potential buyers who do a strata report are made aware that the 6 parking spots are currently in dispute and DO NOT belong to the unit belong sold. I would also stick those minutes clearly on the noticeboard and also make the real estate agent aware (is there some law where they need to disclose issues if they have been made aware?)
 
This may be considered fraud. A strata has elements of a trustee relationship. The owners corporation merely is a trustee for the owners. LPI should reverse the changes if an allegation of mischief can be supported. ie : Registered by a person not authorised etc.

Was the change a restriction to the common property ? I believe so.

http://rgdirections.lpi.nsw.gov.au/...eme_commenced/restrictions_on_the_use_of_land

If the change was a covenant over the common property a special resolution is also needed.

In each case, a special resolution is required. If none was made LPI may be able to nullify or suspend the change pending review ??

LPI may be a good start...
 
Strata by-laws

Hello,

If that's still actual I'd like to point out some items here:

In 1996 the head of the strata committee created a by-law that gave his unit exclusive use over all the common area parking, however it was no stamped until December 2013.

I am not sure what legislation was during that time (1996) in regards to Strata schemes, however when it's said that "head of the strata committee created a by-law" it may mean that one person wrote the text of by-law, proposed it at the executive meeting (or annual meeting) and then executive committee or all owners voted for it to be registered. Is it the case?

In December 2013 the owner who used to be on the strata committee stamped the Bi-Law at LPI and made it legit and registered it on the Common Property title. The owner did not have the right to register the By-law as there is a strata company now managing the block and has been doing so since 2008.

Strata company has nothing to prevent owners from operating one way or the other. The strata is run by Owners Corporation (a.k.a. Body Corporate) which includes all owners. Sometimes owners corporation may delegate some authority to strata management companies, but it doesn't matter. So it may appear that the owner who brought the by-law to registration had the right to do so if it has been earlier agreed/voted by all owners (or executive committee who is acting on behalf of all owners when some decisions have to be made).

I would recommend first:

a) to get all the minutes of executive committee meetings and annual general meetings (AGM) and find out where and when this by-law has been decided

b) lodge a complaint with Department of Fair Trading if you feel this has been done in a wrong way and wait for their response

Then see what you have got and proceed from there.
 
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