Splitting from existing strata in ACT

Discussion in 'Legal Issues' started by Mark F, 24th Aug, 2020.

Join Australia's most dynamic and respected property investment community
Tags:
  1. Mark F

    Mark F Well-Known Member

    Joined:
    29th Jan, 2020
    Posts:
    1,033
    Location:
    Canberra
    At the moment this is hypothetical but we live in a corner of a large townhouse complex where one entrance services 3 townhouses. The townhouses are freestanding, with one totally free standing and the other two with a common wall between them. All are owner occupied and we are generally fed up with the body corporate - excessive fees, wasted money, etc. We have kicked around the idea of separating into a separate strata body.

    We realise this will entail separating from the existing water and drainage, electricity is already set up so the on street distribution only serves the 3 properties. Telephone enters the complex though our back yard. The common property (driveway and small strip between the street and the properties) would need to be purchased. Offsetting these costs is the knowledge that the stormwater system requires major work and the telephone system has at least one call out a week with the cabling needing replacement. There would be no issues with minimum lot size, the townhouse have quite generous land content, more than enough road frontage and the excision would involve two straight boundaries with the existing strata.

    Any ideas on the way to deal with this legally as I am working from the assumption that the BC will not want to play ball.
     
  2. thatbum

    thatbum Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,850
    Location:
    Perth, WA
    Then you're probably sunk I think. You need everyone's permission at a minimum I believe. Also would you even pass planning requirements?
     
  3. Mark F

    Mark F Well-Known Member

    Joined:
    29th Jan, 2020
    Posts:
    1,033
    Location:
    Canberra
    I am pretty sure the planning issues are relatively straight forward as there is no "change of use" and no additional development of the site. As mentioned minimum land size, street frontage etc are well over any minimums etc. No need for a new access to the road.

    Must have a browse through the Unit Titles Act.