Storage Cage - Sq ft

Discussion in 'Legal Issues' started by C125G, 6th Oct, 2018.

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  1. C125G

    C125G New Member

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    Hoping for some advice. I have purchased an off the plan property and been to inspect it today. Part of our purchase included a lock-up storage cage. When inspecting today, I found that there is quite a large amount of plumbing running through the cage, limiting its use. Obviously, I have paid for this storage in the agreed price... just wondering where I stand on this. I know that there is 5% range in sizing in the contract... would this come into this? I have attached a picture to support my explanation. Grateful for any advice on this matter.

    IMG_8229.JPG
     
  2. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    Was the size in the document cubic metres or square metres?
    If it was square metres with only width x depth then it still is accurate. If it was cubic metres of width x depth x height then you may have a case if the plumbing impacts on the height available
     
  3. C125G

    C125G New Member

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    Thanks for your response. I am pretty sure that it was in square metres, but I will definitely go back and check this out.
     
  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Looks like a lock up storage cage to me.

    You will need legal advice on this one.
     
  5. marmot

    marmot Well-Known Member

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    What happens if they need entry for plumbing will they just cut the lock, Im assuming its wastewater pipes.
     
  6. Stoffo

    Stoffo Well-Known Member

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    That's OTP for you :mad:

    My contract said "storage room", yet has a cage just like yours :(

    If access is required, YES they will just cut the lock and stand on your belongings
    (after they tried to ring you one time, leaving no voice mail).

    Likely you will be stuck with this one, sorry :oops:
     
  7. bmc

    bmc Well-Known Member

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    @C125G
    I would say it is typical within strata's. Did you review the architectural plans to see what pipes, services, ducts, are running through your lot.
    You will also note on the strata plan that it states:

    " Measurements of floor area shown on the floor plan are approximate and calculated for the purpose of the strata schemes (freehold Development) act 1973 only. They may differ from measurements of floor area for other purposes. "

    and another,
    "Any service line within one lot servicing another lot is common property.’ All common service lines are common property."
     
    Last edited: 6th Oct, 2018
  8. JDM

    JDM Well-Known Member

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    How annoying! It's likely you would have signed away any rights to object when you signed the contract, however it will depend on the documentation.

    They were nice when they needed access to one of my storage areas....they took the door off from the hinges instead of cutting the lock.
     
  9. Joynz

    Joynz Well-Known Member

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    Not very secure if anyone can just unscrew the hinges to get access!
     
  10. 158

    158 Well-Known Member

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    ???

    Locks only keep honest theives out.

    If someone wants to get into any door, cage, lock.....there is always a way.

    pinkboy
     
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  11. Anthony416

    Anthony416 Well-Known Member

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    I had a friend with a similar issue but it was more being given a lock up that was about 30% smaller than stated. Eventually it was worked out but it is annoying.
    In your case it certainly restricts storage shelves etc which is what many people like to put in these.
     
  12. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    Especially if they will need access to the pipes and storage shelves would be in the way.
    I also wouldn't want to have a leak from those pipes onto my stuff.
    The dimensions are good for a bicycle and or shelves but you can really only access shelves where the door is and the area to the right hand side then impossible to access if there is shelving unit in front of the door.
    All in all a rather useless area.
    Oh hang on it will fit a bicycle and the christmas tree box and your spare car tyre collection :p
     
  13. datto

    datto Well-Known Member

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    Just keep a python in the cage. Works better than any lock.
     
  14. marmot

    marmot Well-Known Member

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    We have one that is in a separate locker storage area that requires a separate key in the common area .Its really just a big room with a storage area similiar to yours, but deeper.
    Yours appears to be in an open parking area from the OP picture.
    We use ours when were not there , as the apartment is used as heavily as short term rentals in a regional area.
    Would not be to keen having it in an open area with plumbing pipes running through it , especially if they decide they need to access the area in a hurry and the area is left open
     
  15. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    The cage is a fixture within the property. The contract probably doesnt warrant that a specified m3 space is available. Or exclusive access. And you have sighted and are aware of whats available. Its like a ceiling space can have pipes in it. Technically thats owners property in that space too.

    You likely have NO title to the storage space but a additional occupancy right to use of it. As is. Its not like its a car space or boat mooring with a separate title. Its more a convenience than something that adds any value as such especially since its exposed and visible and obviously capable of access to the owners corp if a repair is needed. . Like having a larger than normal letterbox.

    Somewhere for a bike (that is chained and locked)...never cartons of beer.
     
  16. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Cage is a mere convenience to stop some numb nuts backing their car into the pipework and use the wasted space for convenience. A benefit for (all?) owners and still part of common property. Like a BBQ, pool etc. And arguing you never use a BBQ but the guy in Unit 4 uses it breakfast lunch and dinner. Thats unfair. No. Or unit 3 has a slightly deeper balcony than everyone else. Maybe but its in the strata %.

    Its only because you have an assigned portion v's a title you can "see "your portion".ie someone said - That yours. Its not going to be a strata allotment on the plans with respective unitholders indicated on title but it could be a allocated space for your unit. It could be longer than others, thinner, wider, deeper...who knows. Someone else may have one with limited height.

    If its not on title its a bonus. If you add or try to mod the cage the strata will probably say no.

    We have something like this in a beach location unit. Usually for surfboards and beach stuff to keep the sand outside and dry etc. One doesnt have a space as their carpark is short. It has a pole to protect the wall. Never heard them complain They bought the unit from the original owner. Ours isnt on title.