- This topic has 8 replies, 6 voices, and was last updated 11 months, 3 weeks ago by .
-
Topic
-
Hello,
In my current lot we have 3 underground car spots and 2 open car spots.
Myself and my neighbour have been allocated these outdoor car spots. They are very small (we both have regular sized cars and park in between the lines) however when both of us park there you cannot physically access you car as in open your door to get out etc.
I have contacted strata and they said that each spot is 2.42m which is technically in line with regulations when the building was built but the parks are just unusable. We have both bought our units that were advertised with 1 car spot each however feel scammed by the fact we cannot access it.
I have not been able to find a set of standards from 1984 when the building was developed (only 1986). I also have heard that if a car spot opens onto a closed in side (fence or wall) an extra 300mm has to be allocated. Is this true?
Just wondering what I can do if these car parks adhere to regulation? I want it fixed regardless but dont know if I will have a leg to stand on when debating this issue with strata.
Thanks !
-
Replies
-
Have a look HERE and HERE for gateways to the parking space rabbit holes.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
Is there any space to expand to the side or another area of common property that one of the cars could occupy? Forget regulations from days of yore. A reasonable approach to trade space on common property should be considered by the owners corp.
And are the car spaces allocated areas of common property or are the part of your lot or even separate lots?
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
When you bought your lot, you acquired the living space, which comprises the space between your walls, and a designated parking space, the dimensions of which are onthestrata plan.
It’s unfortunate thT our cars have got larger, but you are only entitled to what is on the strata plan. The owners corporation, can’t do anything about that.
One avenue would be to buy some of the common property adjacent to your parking space and have a larger space.
Remember that apart from the purchase price, you would be responsible for surveyors fees, lawyers fees, valuers fees, to revalue lot entitlements, and then have to get a special resolution passed.
Good luck
When you bought your lot, you acquired the living space, which comprises the space between your walls, and a designated parking space, the dimensions of which are onthestrata plan.
It’s not necessarily as cut and dried as you suggest. If the parking space is common property, he bought the right to be able to park his car on common property, and he could make a convincing argument that the space allocated is not fit for purpose.
He might discover, for instance, that the committee allocates the spaces and they have snaffled all the usable ones when the previous owner left.
However, if the parking space is part of his lot, that’s a whole different story and then it’s the hassle of buying or leasing more space from the owners corp.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
One solution could be for one car to drive into the spot and the other to back in. That way the cars can be close together when parked but the drivers have room to get out. Has worked in another place.
Brilliant! Simple solutions are often the best.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
Hi,
Min 2.4m is the current code requirement for parking width and has been in place since 2003. The Australian standards in the format we currently know them was only formalised in the mid to late 80’s, so you wont find an earlier version of AS2890 than 1986. I cant even tell you what it was (if there even was one). You might be able to find old hardcopies in the State Library. You’ll find nothing online. Is there physically any space to increase the size of the parks? Are what your asking (wider parking bay) not physically possible? If so then I’m afraid it might be a case of buyer beware as the current parking space meets current minimum requirements.