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Hi I got the storage space size width 2.3m which is can fit my small car in that space. Is that possible to change the title of that space to small car space. Because I bought this unit with 2 storages space by mistake of my solicitor. She reviewed my contact of sale that i got 1 car space and 1 storage but in the real, I got 2 storages space.
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meaw206 – Can you get written clarification from your solicitor, either by letter or by email, as to what is on your Title?
In addition, you may need to contact your Strata Manager and ask to look at a copy of (1) the Registered Strata Plan, (2) the unit entitlement plan, and (3) the by-laws? Also look at how other people in your building are using these spaces.
How does the Plan describe the spaces that you have issues with? Car spaces should be defined on the Plan, as should storage spaces. Storage areas are generally much smaller in size than car spaces. Are there any specific notations on the Plan regarding these spaces?
Your unit entitlements are based on what is included within your Title. What do your unit entitlements reveal about these spaces?
Do your by-laws outline what spaces are designated as car spaces, or storage spaces? What is permitted within each space?
What is the normal practice at your building? Are other owners using similar spaces for a car space? Is the space ‘open’ or is ‘enclosed’? Does the space that you wish to garage your car within have the appearance of a garage space i.e. does it have a garage door?
If the space that you would like to become a car space is not designated on the Strata Plan or the original Development Application (DA) as a car space then there may be a reason for it. Perhaps changing the use of the space from a storage area to a car space could impact fire safety etc. You would need to gain approval from the Owner’s Corporation at a General Meeting, and approval from the Department of Planning and Environment for the change of use of this space.
To find the answer to your questions may I suggest that you check all of the above.
NB: The size of the car space at 2.3 metres wide will be tight, but not unheard of, particularly in older buildings. Jimmy T has previously stated that: The regulation minimum dimensions of 2.4 metres wide and 5.4 metres long are used by most councils and developers when planning parking layouts.
From memory 2.4m wide is the minimum in the Australian Standards on parking spaces. That would be an impediment to changing the status of the space formally to a parking space. However, a ‘storage space’ is for storing stuff you own when you are not using it elsewhere. You own your small car. Why not ‘store’ it there when you are not ‘using’ it elsewhere?
I assume the ‘storage’ space can be readily driven into and it is adjacent to designated parking spaces so it would not look odd to have a car there?
I’m going to take a wild guess here and say the developer had planned for this to be a parking space but the council limited the number of parking spaces (as they do) or realised they were smaller than the standard size and so rejected them, so the developers were left with designated areas that they couldn’t call parking spaces.
I really wouldn’t worry until someone tells you you can’t park your car there. When they do, as Sir Humphrey suggests, tell them you aren’t parking, you’re storing your car.
Or put up a notice asking if anyone with a spare car space would like to swap it on a semi permanent basis for a secure storage area.
Given the shortage of storage in most strata blocks, I’m betting you will get offers.
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I am not sure that I agree with Jimmy T and Sir Humphrey that storing a car in a storage area would be legal or safe.
Storage areas usually prohibit the storage of flammable items. The storage of a car in this area could create a fire hazard and breach the terms of the scheme’s insurance policy. Cars contain flammable fuel.
I guess you would need to look at the by-laws regarding what type of materials are prohibited in your storage areas.
@meaw206 said:
Before I thought my space is car space I complained with Strata manager but he said he cannot do anything because my space is only storage.
What your strata manager means is “I can’t be bothered and the committee hasn’t told me to do this, so you’re on your own…”
If your neighbour is parking over the line he is breaching by-laws that don’t allow people to park their cars blocking common property.
Your problem is the potential tit-for-tat complaints. As I said before, try to do a storage for parking swap.
Meanwhile you could apply to NCAT to get the Owners Corp to allow you to do whatever is necessary (See Lady P’s post) to make that an official small car parking spot.
By the way, the solicitor who didn’t check the sales documents properly owes you a favour. Maybe you could get them to investigate your options and send a couple of strongly worded letters.
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Perhaps bypass the strata manager and try talking to someone on the committee?
Someone there might take up your cause. Even without a legal change of use, they might be able to exert some pressure on the 4WD owner to park within his space and remove some his excess storage of materials.
Alternatively, the committee might know somebody who might be happy to let you park in their unused space if you let them store things in your space, as JT suggested.
To note to the OP that parallel parking spaces have the typical 2.4m spacing requirement (less if 30 degrees angle parking) to allow for doors to swing open partly over the adjoining space. And there are strict requirements about objects not blocking those door swing areas.
Not so for storage space areas.
So you could “store” eg a 1.5m high barrier or other tall objects right along your marked border line.
That might not make your neighbour too happy. And it might not help you either! But it might be a point for negotiation if the neighbour insists on the “it’s not a car space” argument.
@Lady Penelope said:
I am not sure that I agree with Jimmy T and Sir Humphrey that storing a car in a storage area would be legal or safe.Storage areas usually prohibit the storage of flammable items. The storage of a car in this area could create a fire hazard and breach the terms of the scheme’s insurance policy. Cars contain flammable fuel.
I guess you would need to look at the by-laws regarding what type of materials are prohibited in your storage areas.
You would probably not be allowed to store bulk flammable liquids in your car space either, but fuel in a car is usually regarded as intrinsically safe. But there could be other safety issues involved, depending of the layout of the parking and storage areas. I wonder how many Plans have by-laws that actually dictate what can/can’t be stored in either area?