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We have a by law 14(f) under vehicles which state “garages shall be used for garage purpose only and shall not be converted to other uses except for ancillary storage for the proprietor or occupier”
My problem is– what is the definition of ancillary storage? Can the Strata Committee put their own definition to it? My leasing agent keeps linen in his garage for our units and the Strata Committee says this is in breach of the by law.
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This is one of the dumber by-laws I have come across. It’s basically saying you’re not allowed to store stuff here unless it’s … um … stuff. I think what they might have been trying to say is that there has to be some sort of storage facility (like a Box Thing or a mini shed). But that’s not what they said. Ask them to provide a valid legal definition or leave you alone.
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My guess is that they meant to say you can park vehicles there but you can’t convert the space to something else aside from a storage space. Eg. you can’t put walls around it and rent it out as accommodation to students or make it your craft studio.
Plain english would have sounded not legal enough for the bush lawyer drafting it so the intent ended up unclear. What, for example is a “garage purpose”? Is rehearsal space for my garage band acceptable? Lots of people have a workshop with power tools in their garage. Is that a garage purpose?
The rules where I live say: “…shall not use the … carport … for any purpose other than the parking and garaging of vehicles, the storage of … personal effects, and any other purposes from time to time approved in writing by the Owners Corporation. When storing any items other than motor vehicles in the … parking areas, members must [various points on safe storage]. Storage of larger quantities of personal effects for extended periods can become an eyesore and the Owners Corporation may require the removal of items deemed excessive …”
I think that is a lot clearer while flexible. It just needs sensible application.
I would hope that “ancillary” means anything that doesn’t impede a vehicle being parked within that space.
Hmm. The reference to linen makes me wonder if you are running short-term lets against the wishes of the majority of the committee (if not the owners). Maybe they lack the 75 per cent vote to block Airbnbs, so they are trying to be as obstructive in other ways as they can. Just thinking.
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