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Common Property - use

By Coral Lewis on Fri, 13 Apr 2018 at 10:27

We are a Sectional Title of 20 units ( but in size by PQ this is equivalent to 24 units as one of the units is 5.32 times of the standard unit).

Parking available for 22 vehicles currently.
- Parking remains as common property.
- No rent, lease or EUA applies to any parking.
- Owners have been nominated to use specific parking.
- The use of these has been put in the AGM minutes.
- This however has left one own negatively affected by this decision and is now asking the BC to address this (largest unit).
- One of the garages only has a turning circle of 4.5m - the owner of the largest unit has been nominated to use this one.
- Garages are not high enough to park some vehicles in
- There is enough space to add 2 more parking spaces however this may be met with resistance -
possibly because one of the areas is used constantly by another owner but it is not currently a parking space.
- Larger unit pays 5.32 times in levy than the other units however does not fairly provided with parking in proportion to other units. All other unites each have a garage or parking space.

Question: We would like to suggest they have 2 parking spaces in addition to their existing garage allocation. This would mean they are treated the same as the other owners as they would have the equivalent in parking as all the other owners i.e. if a 37sqm gets a garage or parking space, then it is fair to say the largest unit has 5. It is not like the owner wants extra but wants to be treated equally and avoid all the issues which keep being brought to their attention when it comes to parking their own vehicles as there is insufficient space to park and they have nowhere on the land to park when they cannot use their garages.

What process does this need to follow and if this goes to the BC and is rejected, can the owner go to the Ombusman?

thanks

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RE: Common Property - use

Murray Bennett replied on Sun, 15 Apr 2018 at 00:51

Have a SGM to create and allocate EUA parking bays, a special resolution is required. The EUA's can be allocated to the 'time to time owner of section number x' rather than an owner which preempmts having to redo this resolution every time a unit changes hands. The owners also have the right to sanction the leasing of common property by special resolution. Either way, you need a diagram and a special resolution.

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