Topic: Private Structure encroaching on Common Property – FLAT CHAT

This topic has 2 replies, 2 voices, and was last updated 13 years, 11 months ago by .

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03/10/2012 at 1:07 pm #8390 Reply | Quote
Whale
Flatchatter
Four of my Proprietors want to construct a carport over their adjoining carspaces, each of which forms part of their respective Lots. The Carport will be private property, and we already have a Special By-Law in place to permit the construction and allow for on-going maintenance and repairs.

My problem is that as the entry from the common property to one carspace (at the end of the row of four) is curved, the Contractor is suggesting that the vertical support of the proposed carport at that corner be off-set to permit easier vehicular entry and egress.

Aesthetics aside, this will result in that vertical support and the end section of the horizontal beam above it being on / extending over the common property by around 1200mm.

I know that I (the O/C) can permit this via an Exclusive-Use By Law, but as that’s complex (I’ve done it before), and as that complexity is exacerbated by the fact that the carport structure actually benefits all four Proprietors, I’m wondering if a Licence under S65B of the SCMA would be a better approach in the circumstances? If so, a Licence to all four Proprietors or just to the one Proprietor whose section of the carport has the support / beam on / over the common property?

Any ideas much appreciated.
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Reply To: Reply #16704 in Private Structure encroaching on Common Property

PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.