Flat Chat Strata Forum Parking Peeves Current Page

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  • #8507

    I recently bought into a 15 unit block and have found out that when the block was built, 3 “car spaces” were actually too small to fit cars in them. So the owners re-allocated the undercover spaces, giving the 3 visitors spaces to these units and shuffling the other spaces around, painting the new unit numbers on the walls of the garage. The title was never changed to reflect this.

    The new car space I have been “allocated” is quite alot smaller and harder to access than the one listed on my title. I have mentioned to the EC and the strata manager that I would like to have access to my space as listed on the title, and would like to have the visitors spaces reverted as they should be. 

    The member of the EC is one of those units who would effectively lose a car space if this was to go ahead, and is reluctant to help. The strata manager is currently not sympathetic and is taking a very long time to reply to my emails inquiring about this. I believe other new owners have raised the issue, but have been discouraged by the lack of action by the EC and Strata manager. Strata have mentioned changing the title to reflect the current status – at the cost of all of the owners. 

    What are my rights here? I have waited 5 months for something to happen, and am not having any results. What do I do from here?

Viewing 4 replies - 1 through 4 (of 4 total)
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  • #16974
    scotlandx
    Strataguru

      It’s on your title, what they have done is irrelevant, you weren’t a party to that, and from what you have said it was an informal arrangement. They would find it very difficult to change what is your property right without your consent, I think it would be almost impossible.
      I suggest you talk to like-minded owners and consult a lawyer, you need to assert your rights in pretty strong terms. The car space is on your title so therefore it belongs to you.

      #16976
      Austman
      Flatchatter

        Changing the Plan of Subdivision (that shows the car parking allocations) requires a unanimous resolution of the OC (at least in Victoria, probably similar in other states).

        Unless that was done the re-allocation was illegal.  I suspect the EC and the manager know this.

        You cannot just register the change.  The Titles Office will want to see proof that the OC legally agreed to to it.

        Get your Plan of Subdivision, confirm your space and then request from the manager a copy of OC resolution that voted to change it.  It it wasn’t voted for legally then they are bluffing you.

        #17014
        alley cat
        Flatchatter

          Please let us know how this is resolved.

          Thank you

          Alley cat

          #17047
          Sir Humphrey
          Strataguru

            @newbie468 said:
            I recently bought into a 15 unit block and have found out that when the block was built, 3 “car spaces” were actually too small to fit cars in them. So the owners re-allocated the undercover spaces, giving the 3 visitors spaces to these units and shuffling the other spaces around, painting the new unit numbers on the walls of the garage. The title was never changed to reflect this.

            The new car space I have been “allocated” is quite alot smaller and harder to access than the one listed on my title. I have mentioned to the EC and the strata manager that I would like to have access to my space as listed on the title, and would like to have the visitors spaces reverted as they should be. 

            The member of the EC is one of those units who would effectively lose a car space if this was to go ahead, and is reluctant to help. The strata manager is currently not sympathetic and is taking a very long time to reply to my emails inquiring about this. I believe other new owners have raised the issue, but have been discouraged by the lack of action by the EC and Strata manager. Strata have mentioned changing the title to reflect the current status – at the cost of all of the owners. 

            What are my rights here? I have waited 5 months for something to happen, and am not having any results. What do I do from here?

            What is on the title is the definitive word on this as others have said. However, it sounds like a mistake was made at the start with some spaces unusable. Perhaps the reasonable thing to do is to look at parking comprehensively and work out what would be the most practical arrangement now that would give everyone a workable space. IE ask yourselves what would be fair and equitable and practical to do now if the slate were wiped clean. That could then be put as a proposal to formalise and regularise. 

            Something to look at would be the Australian Standards on parking. We have some people who think their 3m wide spaces are tight yet the standard can allow as little as 2.4m and these same people cope in public parking elsewhere with this spacing. Minimum spacing allowed in the Standards varies with turning space (aisle) width and whether there is door opening space that can be ‘borrowed’ or a solid impediments such as a wall. 

            A really good solution will require work and good will!

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