› Flat Chat Strata Forum › Common Property › Secret deal to grab common property › Current Page
Hi Whale. It’s very interesting that you have mentioned that the concrete of the parking bay is actually common property. I was previously aware, thanks to posts here, that she needed permission to build a structure on her parking bay, but your comment clarifies why. So, thanks for that!
In terms of a licence for the common property rather than granting exclusive use, that’s an interesting option that I don’t think many people know about. I can see that it could be useful for someone wanting common property to extend a courtyard or something, but the problem with this for this owner, and the OC who could vote to grant a licence, is that the possibility for it to be reviewed becomes problematic as the owner is wanting to build over her parking bay, as well as the common property between her parking bay and her two story garage, enclosing all by her new large building. Once she’s built, it would be unfair to expect her to unbuild.
But, an option for a licence rather than exclusive use or purchase of ownership has a lot of merit in some situations.