Flat Chat Strata Forum Common Property Attic Space Current Page

#22369
Sir Humphrey
Strataguru

    If there were an exclusive use grant made to a former owner of the unit to use the attic space, it would be worth checking some details even so. In the ACT, a ‘special privilege’ for exclusive use of an area of common property can only be made to a unit owner. Unless it is carefully worded, it is only to the particular named unit owner at the time. When our OC granted special privileges over parking spaces on common property, our legal advice was to grant the spaces to ‘the owner of unit X for the time being’ so that it would, in effect, be linked to the unit as it changed hands. Note, the phrase ‘for the time being’ got us into trouble because some owners refused to accept the legal advice that it meant ‘at any time’, the opposite of the colloquial meaning, ‘temporary’. In the end we had to change it to ‘at any time’ just to get the motion passed.