Flat Chat Strata Forum Common Property Current Page

Tagged: 

  • Creator
    Topic
  • #68200
    sofbrunel
    Flatchatter

      My parents bought an apartment off the plan in1997 in an apartment complex with 37 lots and basement car parking spaces, located in Queensland. In late,1998 they paid to enclose the back of an exposed stairwell that abuts their allocated car park space to convert into a store room. They consistently told me they had been given permission to build the storage area, although now we are unable to locate a written record.

      My mother is recently deceased and I and my siblings are managing the estate. An historical search of the common property and by-law amendments didn’t find any specific by-law in place. Although I assume this does not rule out that the minutes would reflect that a consent or an approval was granted. We have a receipt of my father paying for the work to construct the storage area in 1998. Over the years, my parents didn’t pay more than the standard body corporate fees.

      In November 2022 the manager broke down the store room as part of a committee inspection of the basement car park without notice. The storage area is now being investigated by the committee, although we haven’t as yet been contacted. The door to the enclosed storage area opens directly onto my parents allocated car park space, which I would think makes it difficult for anyone else to use.

      Would the best approach be for us to now approach the committee and see whether they would now agree to an exclusive use clause in the current by laws? I assume we would need this confirmed, if we decide to sell the property either with or without the storage area. Apart from body corporate fees could this incur any other costs, such as updating by-laws?

      • This topic was modified 1 year, 6 months ago by .
    Viewing 1 replies (of 1 total)
    • Author
      Replies
    • #68235
      Jimmy-T
      Keymaster

        It sounds like this may have been done on a nod and a wink, with no paperwork to clutter the smooth operation of the scheme.  Offer the owners corp a reasonable fee for leasing the space and they’ll get some value while legitimising the relationship.

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

      Flat Chat Strata Forum Common Property Current Page