Flat Chat Strata Forum Common Property Current Page

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  • #8496
    Felix
    Flatchatter

      Many years ago storage spaces from different areas of common property were allocated for exclusive use but failed to pass or register any by-law.

      One of the lot Owners has now claimed the space which is now different to the space that they have used for many,many years.

      Can the EC allocate storage space which is common property to one of the lots without any evidence proving that lot’s rights to it against the overwhelming evidence that that space should be allocated to another lot.

      Is that decision by the EC binding on the O/C without requiring any further action?

      What action can be taken to overturn the O/C decision?

      Is this a decision to be made by the EC or should it be decided by the O/C and also the making of a by-law.

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    • #16917
      Austman
      Flatchatter

        It’s a good question.  OCs can decide how to to use common property.  We are about to do a similar thing. We have a small-ish common area in one corner of our car park that we think we’ll use for storage. And then ban the storage of goods in actual car spaces (which makes the car park look like a junk yard at times).  There’s enough space to give each of our 12 apartments their own locker or small cage.

        We don’t really want to get the Plan of Subdivision changed.

        So I think we’ll vote for the solution, properly document it in OC records and clearly label each apartment’s locker/cage both in the OC records and on the locker/cage itself.  We’d leave any locks to be supplied by each owner.  But the locker/cages would stay common property on common property.

        I think the key is the documentation of the decision.  If it’s not documented properly, problems like yours can happen in the future.

        #16918

        Hi Felix,

        The EC can’t grant exclusive use rights over common property, this can only be decided by special resolution at a general meeting.

        Unless there is an exclusive use by-law, licence or lease passed by special resolution at a general meeting and registered within 2 years, the owner or resident bascily has no rights to use the space.

        The EC’s decision is not final or binding.

        The decision and action can be overturned by application for mediation/an order through Fair Trading.

        Mr S

        #16929
        Austman
        Flatchatter

          @Mr Strata said:
          Hi Felix,

          The EC can’t grant exclusive use rights over common property, this can only be decided by special resolution at a general meeting.

          Unless there is an exclusive use by-law, licence or lease passed by special resolution at a general meeting and registered within 2 years, the owner or resident bascily has no rights to use the space.

          The EC’s decision is not final or binding.

          The decision and action can be overturned by application for mediation/an order through Fair Trading.

          Mr S

          But the EC can decide how to use common property.  And if it was to allocate some storage space to owners (like installing lockers on common property where each lot gets one locker) that seems a reasonable use of common property (a bit like the way letter boxes are).  It would not be exclusive use and it could be revoked or changed at any time.  This is to improve the facilities in the building.  If this was properly documented, shouldn’t it be possible?

          #16934
          scotlandx
          Strataguru

            But you are granting exclusive use of parts of the common property to specific owners, i.e. they can use their allocated spaces on the common property to the exclusion of all others. So you need an exclusive use by-law to reflect that. That is better for the owners anyway, it is more certain and adds value to their property.

            #16940
            kiwipaul
            Flatchatter

              Sorry Scotlandx I agree with Austman here the EC can grant permission for residents to use the common area without creating a new exclusive use bylaw.

              Granting residents rights to use this area without creating a bylaw also means that if it doesn’t work out you just need another motion abolishing it.

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