In the recent case of EB 9 & 10 Pty Ltd v The Owners SP 934 [2018] NSWSC 464, the Supreme Court has held that an Owners Corporation must allow reasonable entry into the common property by owners to park in their car spaces. In this case, the owner of a single car space underneath a strata building protested the installation of a chain along the boundary between his space and common property.  He argued that access to the already narrow space was made near impossible with the chain in place.

Despite his protests to the chain, the Owners Corporation passed further resolutions to build a bicycle storage area and a communal garden on the common property next to the owner’s lot that would impose even further impediments. The owner again protested and sought a declaration that the proposals be stopped. The court agreed with the owner and held that ‘a fundamental use of common property is to provide access to lots. The right to reasonably use the common property for that purpose cannot be taken away.’

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