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Topic
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On our strata plan there is a small storage area under the stairs to the upper floor which opens to the courtyard of one lot. The area is only approx 1.5 m high and probably 3 m deep. The owner has rented out the lot for at least 20 years or so and the storeroom has not been regularly used by the OC mainly because of difficulty of access through the lot. Having to get permission for access etc.
The whole area is clearly shown on the strata plan as Common Property but the owner is now claiming that it is part of his lot as when he bought in originally the Real Estate Agent said that it was (!). The OC now wish to store materials in the small store room but the owner is denying access even though the tenant is quite amenable to us using the space. There are a lot of materials in the store room which are obviously CP items, roof tiles etc.
This owner has submitted a new Strata Plan to us for approval to recognise that major extensions to his lot carried out in the late 1980’s were not on the SP. The new plan also shows this area as common property (as it is under the stairs). And I have spoken to the surveyor who agrees. This lot owner has also been paying levies based on the original building footprint and not the 40% increase in the size since he renovated. Consideration to altering the entitlements is a further issue to discuss!
As far as I can see the EC can not approve the proposed strata plan because the owner is now disputing the definition of common property as drawn up by his own surveyor. The owner just says “approve it and we can discuss the other issues later”.
Question:
1. Can the lot owner deny access to the common property storeroom because access is only through his lot?
2. Is it correct to say that the only way that the lot owner can have exclusive rights to this piece of the common property is by:
(a) an exclusive use by-law
(b) purchasing it from the OC
Any further comments would be appreciated.
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