Amendment of strata bylaw

Discussion in 'Legal Issues' started by Moridin, 28th Mar, 2024.

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  1. Moridin

    Moridin Well-Known Member

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    I just got my first motion and whilst I honestly can't read it one thing stood out.
    The motion is to allow installation of storage cage by the lot's car space.

    Roughly, "At the OCs discretion a reasonable fee might be charged from time to time".
    Is this normal?

    If I own the car space and have to maintain the storage cage why are the owners given the right to demand an extra fee?

    Is there a way to challenge or amend this section if it's unusual?

    Apologies if this is the wrong forum.
     
  2. jaydee

    jaydee Well-Known Member

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    If it is a motion it would suggest it is not yet a by-law and is still to be voted on at an AGM or EGM. If you have this concern, then supposedly other owners would too. So canvas other owners before the vote and have it amended or at least fully understood before it is voted on and potentially approved.
     
  3. Scott No Mates

    Scott No Mates Well-Known Member

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    If I'm reading this correctly, it's not in the carspace but on common property. There may be a cost to occupy common property.

    If it was an exclusive use by-law, the answer might be different.
     
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  4. Moridin

    Moridin Well-Known Member

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    Good idea. Might be a tad difficult since I don't know anyone here yet
     
  5. Moridin

    Moridin Well-Known Member

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    No the storage cage is built in a lot's car space area. If a lot doesn't have enough space then strata can find a common property an owner can use.
     
  6. Stoffo

    Stoffo Well-Known Member

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    In more recent times you don't own the car space (or balcony) but are assigned exclusive use rights.
    So basically all these areas are common property

    Letterbox drop.

    You could find a property for sale in the lot or area, work out the sqm value and use it as a base for the rent/lease/exclusive use of the proposed area
     
  7. Moridin

    Moridin Well-Known Member

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    Wait.. what?! The balcony that comes when one buys an apartment is common property?
    How is this justified?!
    Sounds like robbery to me.

    Very good idea. Didn't think of that, thanks!
     
  8. Moridin

    Moridin Well-Known Member

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    Geez I just read it. In theory they could stop you from using your balcony then
     
  9. Burramys

    Burramys Well-Known Member

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    A balcony that can only be used by one resident should be part of the title. By definition, "common property" or similar form of words means places where any resident can go. This includes but is no limited to paths, drives, stairs, a laundry, etc. A balcony that is linked to just one property is not common property. Can someone please cite a link with a reference to the section or rule number? I'm curious about this provision.
     
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  10. bmc

    bmc Well-Known Member

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    never heard of that ??

    here is an example of a Strata Plan I just had registered
    see extract page 2 & 4

    I bring your attention to the Notes on the face of the plan.
     

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  11. Scott No Mates

    Scott No Mates Well-Known Member

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    If it's inside an area of exclusive use, you have exclusive use, do what you want. If, as you say, it's by (outside) of your carspace, then it's CP.
     
  12. bmc

    bmc Well-Known Member

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    Hi @Moridin obviously you are confused.

    apart from getting clarification from your strata manger on your rights and how the proposed amended By-Law relates to you.
    maybe get a copy of your strata plan showing these areas in dispute, try to read and understand the plan, and confirm what you actually own.
    if your car-space is not bound by walls or columns it may be difficult to interpret the location precisely and you might be assuming you own a space that you don't.

    However, if the car spaces are difficult to interpret or the line marking has faded or non existent, a re-marking may be necessary.
    quite often I am asked to re-mark car-space lots due to years of confusion.

    case in point, these car-space markings did not represent the strata plan at all, and people were parking in other lot owners spaces and common property.

    upload_2024-3-29_12-7-49.jpeg
     
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  13. Marg4000

    Marg4000 Well-Known Member

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    How big is your car space?
    Is there room to park a car after the storage cage is installed?
    You will not be allowed to eliminate a car space.
     
  14. Moridin

    Moridin Well-Known Member

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    These are good points. I will try to get clarification this matter.
     
  15. Moridin

    Moridin Well-Known Member

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    Yeah there is room
     
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  16. Trainee

    Trainee Well-Known Member

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    Post the exact wording of the proposed change, not your interpretation of it.
     
  17. Moridin

    Moridin Well-Known Member

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    I've attached a screenshot.
    It seems what others have said is right.

    They granted exclusive use of common property.
     

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  18. Burramys

    Burramys Well-Known Member

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    On my computer the screen shot is illegible. I do not know if this is due to my computer or the screen shot.
     
  19. Moridin

    Moridin Well-Known Member

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    How about now?
     

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  20. Paul@PAS

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

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    No
     
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