[procrastibaker]

Thanks very much for your suggestions. 

 

I have a feeling that 'borrowing' from the adjacent space was one of the main reasons it was denied in the first place. 

What are these legal complications you speak of? Issues I could think of:

– independent valuation of my space and the visitor's

– have surveyor redraw plans

– amend title documents of strata plan and our own

– stamp duty

– re calculate unit entitlements and contributions 

– by-law to enclose new space

 

As for asking for a special resolution, can that be revoked at any time, or is it the same as making it exclusive use? 

[procrastibaker]

Hi, I’m a long time lurker and finally need to find more information!

 

I am considering purchasing into a block where mine would be the only car park that is not garaged. There are three ‘car ported’ spots. 2 are reserved for visitor’s parking, and one would be mine. The right hand side of mine is a brick wall. (below is a diagram of the space – I hope it works)

 

____________________________

                  O            |             |

        visitor   |  visitor  |      mine|

                   |            |              |

   —————  O———–|————- |

 

Having made a strata search, there are notes to the effect that in 1994 a strata body determined that the space could not be enclosed because it would adversely impact on the access to the adjacent visitor’s space. I have two queries:

 

1) Is it correct that to challenge a ruling of this nature I would need to appeal to the Supreme Court, but only on a matter of law?

 

2) The third visitors space is separated from my space and the other visitor’s space by a concrete pillar, and as such, would not present as many difficulties if enclosed. In addition, it is an odd shape which would allow extra storage. Given that the spaces are on title, would it be possible to sell my space to the OC, buy the better positioned space and then seek to enclose it?

 

Thanks for any advice.

[Author]

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