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  • #11507
    Fromthenorth
    Flatchatter

      Hi,

      I am the owner of a unit in North Sydney. The strata committee has just created a new rule about non-residents not using garages for security purposes. This was done due to the use of the garages both for security reasons and due to the strata act. Apparently there have been issues with people breaking into a garage and stealing items from other garages.

      They have referred to the NSW Strata Regulations as follows:

      NSW Strata Schemes Management Regulation 2016

      Schedule 3, Regulation 16

      Change in use or occupation of lot to be notified

      (1)    An occupier of a lot must notify the owners corporation if the occupier changes the existing use of the lot in a way that may affect the insurance premiums for the strata scheme (for example, if the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes).

      (2)    The notice must be given in writing at least 21 days before the change occurs or a lease or sublease commences.

      I have let a friend have the use of my garage for free for 15 years. Can the strata committee lawfully prevent me from giving my garage to a friend ? In relation to point (1) above, I do not see how this affects the insurance premiums of the strata as garages are the owner’s responsibility.

      Your thoughts would be appreciated.

      Regards

      Gary

    Viewing 6 replies - 1 through 6 (of 6 total)
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    • #28911
      Lady Penelope
      Strataguru

        In my view there is no ‘change of use’. The garage space is still being used as a garage space. A ‘change of use’ will only be triggered if the garage space is being turned into something other than a garage space e.g. a workshop etc.

        Nor is the garage space being used for commercial or industrial purposes.

        Your ownership of the garage space is relevant. If you were a tenant then different issues may arise.

        Some legal opinions on this issue are here: http://www.flatchat.com.au/forum/parking-peeves/restrictions-on-renting-car-spaces-in-residential-buildings/

        #28919
        Fromthenorth
        Flatchatter
        Chat-starter

          Thanks for this.

          Another question. If a non-resident used the garage how would this affect the insurance premium paid by the body corporate ?

           

          Also if the body corporate is concerned about security from non-residents, is there any binding by law or rule they can apply to prevent me giving the garage to a friend.

           

          Regards

           

          Gary

          #28920
          Lady Penelope
          Strataguru

            A non resident visitor/friend/family member etc using your garage space will not impact the strata insurance.

            Strata insurance is for common property. Strata Insurance policies are intended to cover the Owners Corporation for losses that occur in a common area that they can be held legally responsible for.

            Your garage space is your own property and your own responsibility to insure. As it is for every other owner who owns a garage space. You may wish to take out your own Contents Insurance and your own Public Liability Insurance for your own spaces. And always check that any trades person doing work on your property has a Certificate of Currency for their own insurance.

            As for the issue of ‘security’ – why is there an assumption being made by the Committee that your friend has/will create a security risk? Particularly if your friend has been using your garage for 15 years! This seems to be a totally unfounded assumption of a non existent ‘risk’.

            See here for some info on strata insurance cover: 

            https://www.insurancecouncil.com.au/assets/Consumer%20tips/Strata%20owners%20FAQ.pdf

            #28921
            Boronia
            Flatchatter

              Would there be any difference if an owner rented out just his garage space, rather than the entire unit with/without the garage space?

              #28922
              Jimmy-T
              Keymaster

                The issue raised by the original poster is one of security for the complex (specifically the other garages).  If access to non-residents compromises the safety and security of the block, the OC is entitled to make any reasonable demands on owners not to give access to common property to strangers.

                Many years ago I was on the committee of a Meriton block that had been given permission to build higher provided there was parking for tenants in the adjacent Housing Commission building.  There was free access from the parking to every floor in our building.

                We discovered that some of the HC tenants were renting their car spaces to outsiders and, bearing in mind this was Kings Cross in the 90s, we felt our security was not only compromised, but non-existent.

                Various ideas were mooted, such as electronic controls on the lift and an internal gate inside the garage but we thought we’d just upgrade what we had and make the best of it. 

                So we passed a bylaw that all residents had to register their car number plates with our secretary, in order to receive one of our snazzy new computerised entry fobs.  We sent a letter to the Housing Commission asking them to let their tenants know about the new arrangements.

                Instead, of them passing on the message, we received a lawyers letter demanding that we immediately hand over something like 30 active keys for them to distribute as they saw fit.

                We went to Fair Trading and the CTTT (as was) who upheld our right to take reasonable measures to safeguard the building’s security by asking residents of both buildings to register their vehicles with us.

                Within a week, the car park emptied of non-resident cars and suddenly 20 spaces that were previously full every day had no vehicles in them. Meanwhile HC residents who registered their vehicles were still able to come and go as they pleased.

                Were we being over-zealous?  Twice residents had been attacked in their homes by people who had somehow gained access from the street, drugs were being dealt out of our rear fire door, one cat burglar got on to the roof and used a fire hose to slide down to a balcony (but couldn’t get out of the flat because the door was deadlocked) and there someone was permanently living in a security cage that had been erected (illegally) around a car space.

                It’s all about accountability.  You are entitled to know who has access to your common property.  If people aren’t prepared to give that information, then they can take their vehicle (and sense of entitlement) elsewhere.

                The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
                #28923
                Jimmy-T
                Keymaster

                  And another thing …

                  In NSW, the law requires you to inform the Owners Corp of the new residents’ names every time you change tenants.  The same probably applies to “tenants” of your garage.

                  The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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