- This topic has 3 replies, 4 voices, and was last updated 1 month, 2 weeks ago by .
-
Topic
-
My question to flat chat concerns the reallocation of garage spaces on 2 lots in our strata scheme in NSW.
We own 2 x 1 bedroom apartments in an older scheme (1972). For convenience we wish to swap garage spaces on each.
Unit entitlements should not be a problem as all level and garages have same entitlements.
We have engaged a registered surveyor and he has requested a DA from local council? Since no building or other works are required is this DA required?
Who else will take a cash grab?
Any advice welcome
-
Replies
-
You don’t need a DA unless you are planning to radically change the use of the parking space to something else that wasn’t approved. To make this lasting and permanent, I would think a 99-year mutually beneficial lease signed by both parties and attached to your title deeds by your conveyancers might do the trick.
Obviously, the only problems likely to arise would be when one or othe unit changes hands.
If the parking spaces are common property, the owners corp could simply agree to the reallocation. I don’t think you’d even need a bylaw (but I may be wrong).
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.
Are the current owners of the two lots likely to stay there for the long term? If so, why not simply mutually agree to let the other lot use your parking space without anything formalised? If one owner were to sell, the remaining owner could then negotiate with the new owner of the other lot to see whether they would be happy to continue the mutually convenient arrangement? That would cost nothing.
If the parking spaces are common property but allocated to particular lots, then a general meeting resolution could swap the allocation. Since it would not affect anyone else, there should be no objections.
If the parking spaces are included in the title of the units, then a formalised swap should be possible via some bureaucracy, but is it worth the cost and bother when you could do the first option above?
My reading of the original post is that OP owns both units, so there is no issue of getting “agreements”. As long as that continues, I’d guess he is free to allocate the two spaces as he sees fit. I’m also assuming the OP actually lives in one, and has a tenant in the other.
If the car spaces form part of the lot, this should show on the Plan for the building and the lot title deeds. If one or both of the lots are subsequently sold, the status quo would need to be resumed unless the plans are rewritten. If the spaces are on separate title, the OP could sell off which ever one they preferred?
- You must be logged in to reply to this topic.