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Can multi dwelling residents change a car space to turning bay?

Discussion in 'Legal Issues' started by shelleykins, 16th Jul, 2016.

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  1. shelleykins

    shelleykins Well-Known Member

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    Hi my mum has been living in a five dwelling block of strata townhouses. There are 3 x 2 bedroom and 2x 3 bedroom. She owns one of the 3 bedroom ones. They were built in 1999 and she purchased from the builder who informed her that the visitors car space directly in front of her house went with her unit. There are a total of 3 visitor spaces - the one in front of hers, one in front of the other 3 bedroom and 1 between the 2 bedroom units. We moved in with mum for a while with my 2 small children and the other residents made a fuss about us parking in mum's visitor spot and wrote a letter of permission for us to park there as they thought it would be risky for the children to be getting out of the car on the road. Mum advised them that she believed that the space was attached to her unit but we didn't get caught up in the letter drama. Now mum has moved out and has her property for lease and the other residents have put up a sign in "her" space saying that it is no parking and a turning bay only. The residents did not consult with mum and are saying that the elderly lady next to her has had to have her steering replaced as she has to turn so sharply to exit her garage so they decided that it should be a turning bay. This is despite there already being an alternative turning bay that the lady next door can reverse into to turn around. The other residents have also advised that they are now going to impose parking time limits on the 2 remaining spaces, despite there never being limits in the past. I have checked the dcp for the local council but it was updated in 2010 so I can't find the appropriate plan from that time to determine if that space out the front of mum's unit goes with her property. I will call the council on Monday for a previous copy of the dcp but just wondering if anyone had ever come across this before. All of the other residents are elderly single women and parking has never been competitive. Mum is the only original owner to buy from the builder left in the complex but this behaviour seems a bit rogue...
     
    Last edited: 16th Jul, 2016
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    What is on her title? If the space is common property then body corporate would need to pass a bylaw to change it or possibly amend the strata plan (which would require a DA).
     
  3. shelleykins

    shelleykins Well-Known Member

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    Well we have all just moved so everything is in boxes but we will endeavour to find it. What would be involved in passing a bylaw Scott?
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

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    A vote at an AGM or extraordinary meeting of body corporate.
     
  5. shelleykins

    shelleykins Well-Known Member

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    So as there are 3 of them and another lady who has tenants in her 2 bedroom it is likely that mum could be voted down and her space becomes a turning bay?
     
  6. Scott No Mates

    Scott No Mates Well-Known Member

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    Only owners can vote.
     
  7. Marg4000

    Marg4000 Well-Known Member

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    You only own what is on the title deed or what has been assigned to your unit legally, usually a lease.

    Hubby's parents bought a new unit in a retirement complex and we negotiated extra land beside their villa to be re-fenced and included in their rear courtyard. The solicitor drew up a 99 year lease at $1 per year. Luckily for us another owner wanted to park a huge caravan there, so the developer as open to our condition (and was anxious for a sale).

    Many years later another owner complained to the body corporate and wanted the land to revert to common area. We surprised them all by producing the lease document, at which point the body corporate officially acknowledged it. Important to us as we were selling the unit soon after.

    So the short answer is - unless legally documented you have no right to the parking bay. It is worth applying to the body corporate fir exclusive use but don't get your hopes up.
    Marg
     
  8. Tools

    Tools Active Member

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    When the development received town planning approval there would have been a minimum requirement for the number of visitor parking spaces available. You would need TP approval to alter that but if the reduced number of visitor spaces does not comply then you are unlikely to get approval. You would need this approval before the Body Corp could make any changes but having said that if nobody complains then you can do what you like.

    Tools
     
  9. Paul@PFI

    Paul@PFI Tax Accounting + SMSF Business Member

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    Need to determine if its is titled land or common area. Copy of title deed will be in contract/s or you can do a title search online in many cases. If unsure seek legal advice. If its common land the BC may well make a bylaw and can deal with the space as they determine (SCTA !! If they are designated visitor spaces under the DA then BC may be unable to do anything but treat it as a visitors space and you would have no rights either). The BC could then make bylaws dealing with the visitor spaces at appropriate meetings eg time limits etc. If its titled they cannot and any sign may be removed (normally you would send a letter to the BC asserting your right as landowner and ask the BC to remove their sign)

    Dont you love the chairperson of the BC...Usually some oldie with way too much time on their hands who thinks they are the strata police.
     
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  10. Matthew Savage

    Matthew Savage Member

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    Agree with most others here. If the original council development approval requires 3 visitor parking spaces, then the body corporate can't just take one back as turning space, even if they all agree. To do that they would need a separate council approval.

    90% of these similar cases crop up because people have been misled by developers or real estate agents - often they use the line 'you can park right outside your door' when in reality that might be a designated visitor parking space. I think there is only a very slim chance of your mum either owning that space or having exclusive use of it - that would be fairly unusual for a small block like that.

    If a resident can't get in and out of her garage using the available space, that is her own problem unfortunately. Removing visitor spaces de-values properties.

    Matt
     
  11. shelleykins

    shelleykins Well-Known Member

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    Thanks for all the replies. Sometimes pc is like having your very own brains trust! Thanks everyone :)