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Topic
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I’m the owner of a unit in a block of 36 in Perth. Apart from the 36 units of identical configurations there are also front and back gardens, both a tenants and a guests carparks, a sundeck adjoining the side of the complex and a storeroom under this sundeck. It is my understanding that as an owner I also have a share in every part of the entire complex. When I bought my unit 10 years ago I was told that the storeroom is for the use of owners to store various items they don’t care to keep in their units. And for a few years I did keep a few personal things in there. Approximately 3 years ago we were ordered to remove all personal items from this common-property storeroom. The order came from one person only who was a member of the committee. Since that time the storeroom has remained empty and unused.
In a few weeks I’ll be travelling overseas for some time and renting my unit out as a furnished property. I’d like to store my personal items – kitchenware, some clothing, some personal items – in the common property storeroom but this has been refused to me.
So my question is what right does the committee or a member of the committee have to remove a section of common property from general use by the owners? If a committee member can legally take away the use of the storeroom like that then what next? Maybe next I am told we can’t sit in the garden, or we can’t park cars in the carpark. Or the sundeck is now out of bounds.
So do I/we have any rights to contest this matter? Can I complain and to whom?
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I don't know what this store room is like, but I would be most wary of leaving any personal possessions unattended in an area that 36 other units might have access to.
Bobbi said:
Nobody have any suggestions for me? I really need some guidance with this matter.
You need to get your head round the difference between common property and shared facilities. A common property storeroom is an area for which you share responsibility, not necessarily access, so drawing parallels with parking and gardens – shared facilities – is inappropriate.
However, if the store room isn't being used by anyone else, why not ask the OC if you can rent is for the duration at a cost that works for both parties. And onece you've done with it – and dropped some cash into OC coffer – others may make use of it too.
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.
We have a store room on common property that is used to store some tools and equipment for our grounds maintenance people and a few other bits and pieces. It is locked and unavailable to owners generally to store whatever they like. It does have quite a bit of spare space and I would say an owner might rent half of it (say) from the OC. Just storing your stuff which prevents storing other stuff would be like getting a 'special privilege' which in the ACT requires an unopposed resolution. By paying rent the entire OC continues to get the opportunity for 'use and enjoyment' from this bit of common property. That would be my amateur legals.
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