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We’ve had water penetration in our garage for the last three years due to botched works managed by the strata managers. While we wait for a solution, we have asked the EC/Strata Manager whether we can temporarily use the communal garage which is empty. We want to provide a legal letter stating the terms of use, to enable us to proceed.
Has anyone experienced anything similar OR can you recommend a solicitor who might help us draft the letter, please?
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I know of a similar situation where leakage of lime saturated water from the roof of a common parking area (with individual carspaces forming part of the Units above) damaged the paintwork of a resident’s vehicle. The resident made a claim for damages against the Owners Corporation (O/C), their Insurers declined the Claim because the O/C was aware of the problem and yet delayed remedial works to their earlier repairs, so the O/C itself had to reimburse the resident for the costs of repairs to the vehicle’s paintwork.
Your O/C would do well to consider that outcome!
I don’t know why you would want a legal letter to formalise your use of the communal garage, or if you do, why your O/C would not be responsible for that …but as for Solicitors who could assist, perhaps speak with Makinson & d’Apice – they’re Sponsors of this Forum and one of the Firms (in NSW) who has expertise in strata and community title matters.
@Flewflew said:
…While we wait for a solution, we have asked the EC/Strata Manager whether we can temporarily use the communal garage which is empty. We want to provide a legal letter stating the terms of use, to enable us to proceed….In the ACT (and I would guess NSW has something similar), the EC can approve a special privilege for ‘minor’ use of common property so long as it does not unreasonably interfere with the use and enjoyment of the common property by others. I would have thought the EC could resolve to allow you to use a garage that is temporarily not being used by other owners. They could include conditions such as vacating as soon as the garage is ready to be used by other owners, not impeding the required repairs or whatever else might be necessary to ensure your proposed use does not interfere with anything else etc.
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