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In my block of 8 units (3 levels high), mine is on the ground floor and the only one that is street-facing.
There is a small parcel of land out front- approx 3m x 7.8m that is barren and unused (once upon a time it was a garden but several years ago all the trees/ shrubs in it were cut down and never replaced).
I want to purchase it from the BC and add it to my title (not lease it or anything like that). Not only will it give me an outdoor space, but it will provide much needed curb appeal to the building and look uniform with all others along my road (all other properties on my road that have front yards/space have it all fenced off at the very least).
When I told my BC about my intentions, they were not thrilled by them (borderline discouraging?) and suggested such an offer should be around the $40k mark (which is my higher than the $5k- $10k real estate agents have quoted me given its unmarketable land).
When I’ve read on forums and other pages, the process for proceeding with the transaction – assuming all other lot owners are in agreeance- is still an enigma to me (and the BC don’t have any guidance to give). I’ve seen lots of wild numbers thrown around for the process side -approx $20k in some cases. It wouldn’t make economical sense to spend $10k on the purchase if that and the process rings in at $30k.
Before I even do a ballot/ special motion (which will cost a pretty penny as it is), who are all the professionals/ people I need to get quotes from to ascertain the feasibility of my endeavour in Victoria? If I need to spend a small amount upfront as part of the discovery phase of this ‘project’, I’m prepared to do that.
TIA
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i see no upside for the OC to sell land whose use can only improve over time. As will its value. You alone will be the winner of you are allowed to buy it with the value of your lot surely rising by far more than the amount you offer, to the detriment of others
The law in Victoria is pretty clear on OCs’ responsibilities on common property.
Section 4 of the Victorian Owners’ Corporation Act says” An owners corporation has the following functions— (a) to manage and administer the common property; (b) to repair and maintain … the common property;
Section 46 says “An owners corporation must repair and maintain (a) the common property; and (b) the chattels, fixtures, fittings and services related to the common property or its enjoyment.
So you could go to your OC and give them an option – sell you the land with conditions attached that you will maintain and repair it or, alternatively, tidy it up and restore it to its former glory as required by law.
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.
Another option I was informed of recently is for you to ask the OC for a license. That is, the land always belongs to the OC, but for a period of time, say 5 yrs, only you can use it. Presumably for an annual fee or for something in exchange. Argue that you’ll look after the land, pretty it up etc AT YOUR COST, plus you’ll pay an annual license fee of $5 and in return it’s exclusively yours for 5 years, unless extended.
Why would there be a detriment to others if the OP buys the land and maintains it? Wouldn’t everyone benefit from the uplift in the appearance of the building? The land has no commercial value to anyone else in the building, especially in its current condition.
Maybe what you mean is that the others experience a detriment because the OC loses control over the land, and the opportunity to make it look nice. If that’s what you meant, then OP would have to fight the OC to make them do their job – and I don’t know enough about the Victorian strata laws to know what the OC’s responsibilities are in this regard.
You will be financially better off to seek an exclusive use of this land.
If you buy it you will pay for a surveyor, avaluer, a lawyer,and the unit entitlements will need to be changed. A lot of expense
if you get an elusive use by law,you may just need a lawyer and a surveyor.
The result is the same – your title now extends to the garden area, and it’s yours to do what you want with it.Shortcrust, there is an advantage to the BC as the money obtained now as payment can be put towards repairs and essential items in the sinking fund.
From ARNIE:
Kaindub’s suggestion is a wise one – it’s quicker, less costly, and leads to largely the same outcome (i.e. you can use the space to the exclusion of others).Our building, a block of nine in Sydney, has three different exclusive use by-laws, all for similar reasons – weird common area land that can only be used by one lot.
The procedure is relatively straightforward and provided you haven’t burned any bridges with your neighbours, they would have no reasonable grounds to object.
My starting point would be the strata managers. They’ll know what to do for your block and jurisdiction if they’re any good.
Good luck!
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.
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