Flat Chat Strata Forum Common Property Current Page

  • Creator
    Topic
  • #8390
    Whale
    Flatchatter

      Four of my Proprietors want to construct a carport over their adjoining carspaces, each of which forms part of their respective Lots. The Carport will be private property, and we already have a Special By-Law in place to permit the construction and allow for on-going maintenance and repairs. 

      My problem is that as the entry from the common property to one carspace (at the end of the row of four) is curved, the Contractor is suggesting that the vertical support of the proposed carport at that corner be off-set to permit easier vehicular entry and egress.

      Aesthetics aside, this will result in that vertical support and the end section of the horizontal beam above it being on / extending over the common property by around 1200mm.

      I know that I (the O/C) can permit this via an Exclusive-Use By Law, but as that’s complex (I’ve done it before), and as that complexity is exacerbated by the fact that the carport structure actually benefits all four Proprietors, I’m wondering if a Licence under S65B of the SCMA would be a better approach in the circumstances? If so, a Licence to all four Proprietors or just to the one Proprietor whose section of the carport has the support / beam on / over the common property?

      Any ideas much appreciated. 

    Viewing 2 replies - 1 through 2 (of 2 total)
    • Author
      Replies
    • #16701
      struggler
      Flatchatter

        Though the structure of the carport benefits all four proprietors, the placement of the one supporting pole would be of benefit of one, being the one on the end, if moving this post allows easier entry/egress to their parking space.  

        If the post is not moved so that it is over common property, does it still allow the owner access, albeit difficult access?  Then again, if the post is within the car space and not offset and the owner knocks  and damages it whilst attempting to park, then it would be the OC that has to wear the cost!  

        Though not familiar with the licence approach, it would seem to me that this placement may well have to be on the shoulders of the one owner if they want easy access and if the OC is to be protected in the future!  

        #16704
        Whale
        Flatchatter
        Chat-starter

          Thanks “Strugs”.

          I can see your logic, but to clarify …. yes the Owner of the end carspace could in my opinion still drive a vehicle into and out off that carspace if the proposed carport’s corner post was in the usual position, but it is difficult. Our Special By-Law places the responsibility for maintenance and repairs with the Proprietor/s, so if that corner post was damaged it’s their problem not that of the O/C.

          I’m still unsure of how a Licence under S65B should be applied, but again, as the carport is a single structure serving four (4) Proprietors I’m inclined to make it in favour of all of them; assuming that’s specially resolved at a General Meeting.

        Viewing 2 replies - 1 through 2 (of 2 total)
        • You must be logged in to reply to this topic.

        Flat Chat Strata Forum Common Property Current Page