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Hi
I have a garage space in the under ground garage which is shared by five owners. These spaces are individually owned and form part of unit entitlement.
Some owners without garage entitlements are pressuring for stack parking to be installed in this garage to gain space for themselves.
I am I right in thinking that Stack parking will not be allowed under strata law as I own my garage space?
Interested to see your thoughts
Margaret
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Yes you’re right, based on what you have said there are five owners who have lots that include garage spaces in the underground garage. It isn’t clear what part of the underground garage may be common property, but to the extent that it may be, even if there were space to install stack parking in the common property for use by other owners, that would require a special resolution of the owners corporation because you would be making a change to the common property.
If it affected the use by you and the other 4 owners of your parking spaces, then you and the other owners would have to specifically agree to that.
Also presumably Council approval was given to the property on the basis of the underground garage as it is, so any change would have to be approved by Council.
I’d go one step further than scotlandx and suggest that your parking space as shown on the strata plan extends from floor to the underside of the ceiling above it. In effect you own that space, so you as an individual are entitled to all of it, unless you lease or sell it to someone else. That may present problems, I’m not very familiar with stack parking but if it has to be attached to common property then load capacity would come into it, also the potential for increased fire loading should a fire occur would need to be considered by your council.
Cases like White v Betalli suggest that a by-law which gives exclusive use of lot property, in this case car spaces forming part of the lot, to other lot owners is valid.
However, such a by-law, notwithstanding that it is valid, is subject to being revoked by an adjudicator under section 157 of the Strata Schemes Management Act 1996 because it would, no doubt, impose a very severe restriction upon the use of those affected owners’ use of the respective portions of their lots (being carspaces).
@margaret hellings said:
HiI have a garage space in the under ground garage which is shared by five owners. These spaces are individually owned and form part of unit entitlement.
Some owners without garage entitlements are pressuring for stack parking to be installed in this garage to gain space for themselves.
I am I right in thinking that Stack parking will not be allowed under strata law as I own my garage space?
Interested to see your thoughts
Margaret
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