› Flat Chat Strata Forum › Levies and Unit Entitlements › Fair Strata Split? › Current Page
You don’t have enough time to put together anything regarding the unit entitlements, and to be honest even if you did, I am not sure the other owners would be receptive to having that landed on them at an AGM at relatively short notice.
This is a complex matter. As a starting point you need to get a copy of the strata plan showing what the garages are, are they common property with exclusive use or are they part of the lots, or are they separate lots owned by those owners. Are the owners just paying for their apartments, and somehow the garages have been missed?
If the garages are common property with exclusive use, when that exclusive use was granted, did the owners pay something for that exclusive use?
In terms of unit entitlements generally, these are (or should be based) on value at the time of registration. So taking your scheme as an example, it may be that at the time of registration it was determined that the four lots had equal value. The question is, did the valuation include the garages? You need to bear in mind that value is not just determined by things like size – for example if you have two apartments which are exactly the same, but one has views, the one with views will have a higher value. If lower units have outside areas then that will increase their value.
The cases on reallocation of unit entitlement indicate that it is not that easy to change them – the question in a case like yours will usually be, was the allocation unreasonable at the time? What I am saying is that just because on the face of it an allocation may seem not right, that doesn’t mean you will succeed in having the allocation changed.