NSW Strata - strata subdivision or a new by-law?

Discussion in 'Legal Issues' started by VB King, 11th Aug, 2018.

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  1. VB King

    VB King Well-Known Member

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    St Marys
    Situation: I own a ground floor unit to the rear of the block. Common area can be accessed from the ground level balcony. This outdoor area is unaccessible to other units in the block. It's currently neglected but would make a great private courtyard - I'm approaching this on the basis of creating equity in a strata situation.

    I have done some research on how the common area could be included to add value;
    1. Through a by-law which gives my unit exclusive use of the area.
    2. The common area is added to my lot via strata subdivision.

    There doesn't seem to much available on the topic - but I believe that while the by-law is quicker & cheaper, the by-law is at risk of being changed in the future. The subdivision route is more permanent & would add more value.

    I would be interested to hear the thoughts & experiences of other members, and particularly if anybody has experience - how they went about it and why.
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    An exclusive use by-law is the most common solution. Needs another one to overturn it - alot of effort and rarely done.

    Having it on title would require the SP to be relodged with the approval of all owner's and modtgagees. Much harder to achieve .
     
    VB King likes this.
  3. VB King

    VB King Well-Known Member

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    St Marys
    Appreciate the response!
     
  4. Ted Varrick

    Ted Varrick Well-Known Member

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  5. VB King

    VB King Well-Known Member

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    8th Jul, 2015
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    Location:
    St Marys

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