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  • #8857
    EML
    Flatchatter

      Hi all,

       

      Please advise, if the parking lot under the unit entitlement, would that parking space under common property or private ? or  any specific Strata Schemes Management Law I can refer to ?

       

      Thank you for the input

       

      Regards

       

      EML

       

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    • #18560
      Jimmy-T
      Keymaster

        The air space of a car space that’s part of unit entitlement is private property.  However, the floor and ceiling and and adjoining walls will be common property (more than likely). Why do you ask? 

        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.
        #18579
        EML
        Flatchatter
        Chat-starter

          Thank you for that info Jim.

          The reason am asking is because the Strata emphasis that to re-install the bollard that we have to get permission from owner’s corporation otherwise we breach ‘By-Law 5 of The Strata Schemes Management Act 1996.

          The situasion is, when we purchased the unit, the unit entitlement came with the parking lot and stated in our contract therefore in this situation when the building will lay new asphalt, the removal of the bollard should be responsibility of the owner’s corporation or the owner of the property ?

          Seem the Strata Manager gave contradiction statement as one part saying that the owner of the property responsible for the cost of the removal and re-install the bollard on the parking space but in the other hand saying that we need to ask the permission of the owner’s corporation as that is belong to the common property. If that under common property, should be the cost removal of the bollard should be under owner’s corporation responsibility ? The parking space had no ceiling/wall ( open space) only lines between them.

          Much appreciated the assistant in this matter.

          #18605

          Circular 2011/08 issued in November 2008 by the Land and Property Information, a Government Department, relates to identifying common property in a strata scheme. This circular (5 pages) can be viewed online at “identifying common property in a strata scheme – land and property information”, downloaded and printed for future reference.  

           

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