I live in Brisbane so come under the QLD BCCM. A complex of 4 townhouses, one being the original old house with 3 townhouses built behind it.
When I purchased, the approved DA plans were 1 garage and 1 visitor space between all of the townhouses, the original house with 2 garages.
The original house converted 1 of the garages to a 4th bedroom and “created” a space external (still common property) as their 2nd park.
I learn that, an “illegal” CMS was registered 4 years prior giving exclusive use of 2 of the visitor parks to the committee members. They used them for additional living and “created” 2 additional parks on the “shared easement” – both acts against the approved DA plans.
One of the car spaces on the easement obstructed the exit from my own garage.
After 2 years of trying to reason with the committee/manager, including getting the approved DA plans and conditions, pointing out how illegal it all was, I finally went to the Council – Enforcement Notice issued.
I also went to the Commissioners office with an adjudication application to stop them incurring costs on to me being the only “compliant” lot.
A long story short – I was let down by everyone, body corporate corruption demonstrated to it’s fullest – The committee applied for a DA change, provided no visibility of what they were applying for.
The first application was to retain the car spaces on the easement as “their” visitor parks, obstructing my own garage. Luckily that was rejected by Council, but I was forced to pay my allocations % of the $2,200 for the plans and $2,500 for the application.
The second application ($3,300 for plans and $2,050 for charges the committee refuse evidence of), still with no visibility but was approved by council.
All my objections, a petition with nearly every resident in my street objecting, an Ombudsman complaint – but all confirming the Council acted within the requirements of the town planning act, body corporate issues nothing to do with council.
The outcome of the new DA was to reduce the total number of parks by 1 and reduce the number of visitor parks from 3 to 1!!!!! And yes, you got it, the one visitor park for all lots to use, and it is the one on my back door step!!!! cars obstruct access to my back door, the outside lights are off of my utilities, the outside water tap also off of my utilities!!!!!
What did the Committee get:
– retain the “illegally garaged off visitor parks”, providing the Committee with 2 garages instead of the 1 they purchased. No purchase/compensation or ongoing rent.
– relabel those garaged off parks to be “residential garages” instead of visitor parks – which means still common property so I still have to pay my levy allocation % based on that land.
– The committee then “approves” the original house to use the common property external as their 2nd car park (rejected by Council to be a park as does not meet size requirements)
– have a committee meeting, with no notice (we are small scheme), and vote to “rescind” my Lot’s use of the visitor car space designed for my Lot !!!!!!
All of this cost me in Special Levies $3,000.
Mine is the only Lot that does not have 2 car parks
My visitors are now questioned to who they are and why are they there, usually being accused of not being bona fide visitors.
All of this was done on a 3 to 1 vote – the one vote against being the only lot whose property has been devalued to provide increased value to the other 3 Lots owners.
I DID NOT HAVE A HOPE ON THIS MATTER. The Adjudicator sat on my application from March till December – he waited for the Enforcement Notice, still sat on it until the outcome of the DA Change application
THEN DISMISSED IT ON THE GROUNDS IT WAS OUT OF HIS JURISDICTION NOW THE COUNCIL HAD APPROVED THE DA PLANS!!!!!! But agreed the original CMS was illegal, and agreed that the “manner the special levy was raised was questionable” – but oh well !!!!!!
The COUNCIL state parking requirements being 1.5 for 3+ bedroom dwelling, plus 0.15 visitor. My car park access does not meet these figures – but the Council state “it is overall of the complex”, and maybe you should talk to the Body Corporate and request more “fair and reasonable” access!!!!!
CORRUPTIONS CORRUPTION CORRUPTION – Body Corporate should be abolished, the Commissioner in QLD, Chris Irons – pack your desk and save the tax payers – you are a waste of space and out of touch with reality !!!!!!
Yes, I am one very angry house owner who is being ripped off by my committee and government thinks that is ok