Hi all Looking at a very budget unit in a complex that has a total of 9 units. The complex also has 8 "accessory" units which are car spaces. However unit number 1 which is the one currently for sale does not seem to have an accessory unit attached to its title, however does have a car space sitting right next to the unit with no accessory unit number attached to the car space. I have also checked online planning maps and it doesn't show the car space within the title boundaries of unit number 1 that is for sale. The real estate agent informs me that the unit does have its own car space but I want to have this comment confirmed and my rights protected so that I don't have to share the car space with other unit owners or visitors and to make sure that my future tenant will enjoy the sole use of this car space. I have attached the following picture and can also email the section 32 should someone feel they wish to have a look at it. Regards, alicudi
It could be the visitor car space (compulsory in most unit complexes). From what you say, it isn’t attached to the unit for sale. The picture is useless. In some complexes, the numbered car spaces don’t directly attach to the same numbered unit. e.g., Unit 3 may be attached to car park 5 on title. Don’t be fooled by the number on it. It is either attached to the title or it isn’t. The agent is simply there to sell the unit, so don’t take legal advice from him. Agent should check. Either from the owner’s paperwork or body corporate records. Make sure you see any evidence in writing. Unless the agent can prove to you it has a dedicated car space ON THE TITLE, proceed cautiously. Your solicitor should be able to word the appropriate clause to add to the contract to protect your rights in the event the car space is not attached. Marg
do you have a copy of the registered strata plan ? It should show the lots and part lots ie: courtyards, carspaces, balconies etc. with areas and your unit entitlement ratio.
Hi I found the following comment in the Owners Corporation Certificate dated 22/08/18 and included in the S32. "The owners corporation provides the following information for the benefit of the purchaser: The parking space adjacent to the south-west wall of Lot 1, which is unlabelled on the plan of subdivision, forms part of Lot 1". Not happy! Regards, alicudi
This may have been formalised by a resolution of the body corporate. In this case, Unit 1 may have exclusive use of the car space, which was previously part of common property. Unit 1 may not own it. You will need to see the exact wording. The present owner may have exclusive use, but it may or may not be transferable to the next owner. One for your solicitor. (We did something similar when hubby’s parents bought a unit in a new complex. We negotiated exclusive use, 99 year lease, over a small section of common property to give them a bigger courtyard. Caused a hassle when we sold, but we had copies of all relevant correspondence to prove the new owner were entitled to the same benefit.) Marg
Hi all Thanks for your replies so far. It seems clear to me that unit 1 does not "own" the car space or else why would the comment have to be inserted into the OC certificate?. The exact wording of the resolution is as I have typed above in my earlier post and it has been clearly written for the benefit of the purchaser which would be me if I were to proceed but I have to be very weary of the fact that it may not transfer to the next purchaser or a resolution could be made by the current OC or a new OC in the future be it 10 or 20 years away to take the rights to use the car space away from lot 1. Regards, alicudi
Hi It seems that I am very wrong in this matter. I have sought my own legal advice and it would appear that the unit that is for sale is the only one in the complex where the car park is actually on the title and not noted as an accessory unit as are the car spaces for all of the other units in the complex. The reason this unit has its car space recorded differently is because it is the only unit where the car space actually attaches to the unit where all the other units have common space between the unit and car space. This could come in handy if I wanted to build a structure of some sort such as a carport or potentially a garage over the car space. Also the comment that I posted above which was a resolution from the Owners Corporation confirms that they are not licensing the car space to that particular unit and that it isn't an accessory unit and isn't part of the common area and in their own words forms "part of lot 1". How could I have got this so wrong? Regards, alicudi
You didn’t get anything wrong. You did exactly the right thing. You saw something that looked a little different, did your research, persevered and discovered the true facts. Well done! Marg
Understanding old subdivision plans can be hard, especially the old strata plans. There are around 30,000 of them in vic and the titles office currently have a room full of people redrawing them to make them easier to understand and read. Last I heard they were only up to 1000, so might take them a while. In the meantime, next time you are reviewing a strata plan, also read this document which explains the different elements of strata plans. https://www.google.com.au/url?sa=t&...FjAMegQIBxAB&usg=AOvVaw0Vg9TLch1CGi_q_DCD6JZk If link doesn't work google 'interpreting strata plan's.
