meaw206 – Can you get written clarification from your solicitor, either by letter or by email, as to what is on your Title?
In addition, you may need to contact your Strata Manager and ask to look at a copy of (1) the Registered Strata Plan, (2) the unit entitlement plan, and (3) the by-laws? Also look at how other people in your building are using these spaces.
How does the Plan describe the spaces that you have issues with? Car spaces should be defined on the Plan, as should storage spaces. Storage areas are generally much smaller in size than car spaces. Are there any specific notations on the Plan regarding these spaces?
Your unit entitlements are based on what is included within your Title. What do your unit entitlements reveal about these spaces?
Do your by-laws outline what spaces are designated as car spaces, or storage spaces? What is permitted within each space?
What is the normal practice at your building? Are other owners using similar spaces for a car space? Is the space ‘open’ or is ‘enclosed’? Does the space that you wish to garage your car within have the appearance of a garage space i.e. does it have a garage door?
If the space that you would like to become a car space is not designated on the Strata Plan or the original Development Application (DA) as a car space then there may be a reason for it. Perhaps changing the use of the space from a storage area to a car space could impact fire safety etc. You would need to gain approval from the Owner’s Corporation at a General Meeting, and approval from the Department of Planning and Environment for the change of use of this space.
To find the answer to your questions may I suggest that you check all of the above.
NB: The size of the car space at 2.3 metres wide will be tight, but not unheard of, particularly in older buildings. Jimmy T has previously stated that: The regulation minimum dimensions of 2.4 metres wide and 5.4 metres long are used by most councils and developers when planning parking layouts.