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Thank you, Whale, for this additional information. The matter is progressing as I and a few owners have been discussing the best way forward.
… and incorporate the basis upon which she’ll pay the O/C for the privilege of that exclusive-use.
Unfortunately, the owner who is gaining exclusive use of the common property is denying there is any requirement or strata precedent that she should pay anything to the other owners for the gaining of the common property, even though it will increase the value of her garage considerably. The garage/storeroom would currently be valued at around $100,000 – but after she has doubled the floor space and converted it into a commercial premises of office and staffroom, it could be worth around $400,000, assuming she puts it onto a separate title to the shop.
Note that it’s not just the actual amount of common property involved, which is relatively small – it’s her need to get this property to create the new overhead floor space.
Is there anything in the legislation that allows for a an annual fee to be charged for exclusive use – and if so, can it reflect the increased value her current garage will gain?
She is also denying that she needed OC approval to change its use from a garage to a commercial property that will house a business in the middle of the area that is basically residential. Is she correct?