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Hi,
In my unit block some owners have a lock up garage, some owners have car ports and the rest of the owners have parking bays (with no overhead structure).
The car ports need to have the roofs and guttering repaired as they are very rusty. One member of the EC disputes that owners who only have parking bays should have to contribute to the cost of the car port repairs, and says a special levy payable only by the car port owners should be raised.
Another EC member has stated that the car ports are on common property so the cost is paid by all, for the “common enjoyment”.
The unit entitlements are the same if an owner has a carport or a parking bay, it is only the owners who have lock up garages who have larger unit entitlements.
Can someone please advise who is correct. Thanks
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The special levy is payable in accordance with unit entitlements, you can’t differentiate or exempt an owner from a special levy in those circumstances.
The only thing that might be relevant is whether the carports are part of common property, or whether they form part of an owner’s lot. From what you have said it seems they are part of common property. If that is the case then the levy is payable in accordance with the unit entitlements.
By way of example – we have two buildings in our scheme. Both of the buildings have had to have roof repairs. The owners paid for both those repairs in accordance with their unit entitlements, regardless of whether or not the roof is on their building. Similarly the people on the ground floor don’t use the back stairs, but they also had to pay for those stairs to be replaced.
Note that if the carports formed part of someone’s lot then they would be responsible for any repairs/replacement.