My building was strata titled in 1986. On this date, the strata plans were created showing 2 ground floor lots as having separate “covered balconies” with access directly on to common property external area, say Lot 1 and Lot 2.
However, in reality, Lot 2’s covered balcony was closed-in to increase the internal area of the apartment (before this titling). The only access was via an entry door that required access through Lot 1’s covered balcony area and they had no other access to their apartment.
Theoretically, every owner, tenant and visitor that require access to Lot 2 are technically trespassing on the property of Lot 1.
I am the owner of Lot 1, and have tried to raise this issue with the strata company several times, and I’m told the previous owner also tried to rectify this issue, but ran into some problems.
I also contacted the owner of Lot 2 to see if we could work out a solution by sharing the cost of relocating the entry door of Lot 2 back to the balcony area, thus restoring the proper use of the covered balcony area of Lot 1. However, this request was refused as the owner of Lot 2 insisted that Lot 1’s covered balcony was common property (which it obviously is not).
The owner has recently passed away and I wish to raise the issue again with either Strata or the inherited owners.
In addition to this, I have recently installed the bi-folds opening out to this area and it is a much bigger issue now having people walk across. It interrupts the peaceful enjoyment and invades my privacy.
What rights do I have, considering it would be very difficult to deny access onto my property. Can I stop them “trespassing”? Can I force them to move the door? Can I request that strata rectify the issue? Can I issue a letter to either the strata or owners to get some action?
