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Hi There,
I moved into an apartment building over 2 years and signed a lease where i was entitled to a carpark with my apartment. Then without any written warning or information, my carspace number was changed into another units number and when i questioned my real estate, they informed me that i was still entitiled to a car spot and that it will be changed back.
Long story short, it wasnt and ive been parking in visitors parking IF i get one that is and have been informed that i know have to park on the street as my apratment is not entitled to a car park (Starta have now informed that i have to park on the street all the time as visitor spots are not for occupants.) and i have had my car broken into three times in 6 months as im on a street in a bad part of my neighbourhood and three pubs in close porxcimity.
Which brings me to my current problem. My real estate is adamant that im entitled to a car space and Strata is the same in saying im not. There are at least two occupants who do have spaces and dont own cars but again im not allowed to park there. Now my lease is due for renwal and my new lease agreement again clearly states i have a 1 undercover parking spot for my car.
What do i do? I cant afford my insurance excess to rise up everytime i have to replace my car window. Its getting very frustrating that starta are not willing to help and my real estate seems very powerless….
Can i please get some advice?
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Sign your new lease but afterwards demand that you want the owner of the apartment to force the OC to give you back your car space. You might also ask for compensation (you've been paying for a car space but didn't get it).
If the owner still does nothing, go to Fair Trading and pay $35 to take action againts tthe owner to refund you the money they took for a car space they didn't provide and to force the owner to take the Owners Corp to the CTTT to give you back your car space.
If it turns out that the car space doesn't belong to the apartment after all (it's possible) the owner of the apartment owes you a refund for the value of a car space in your area.
But I have to stress, if you want to live in this apartment, only take these actions after you have signed a new lease. If the agent is spooked into ending your tenancy you'll find it harder to get your money back, Meanwhile, the agents and Owners Corp are taking advantage of you. A call to Fair Trading (13 32 20) will bring that to an end.
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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