Am in an interesting situation (Strata in VIC)

this is a very interesting read so thank you.

Does this mean that in theory, an OC can decide to put any easement in the future on a lot owner area which meets the requirements of section 12(2) without the lot owners consent ?

 

It means the easement is already there, it just isnt written/shown on the plan

 

Just confirming - it can be accessed if required, by the fire brigade, without having to go into any other part of your lot - the doors open to some accessible place outside of your lot?

I'd just be wanting my lot entitlement to not include that floor area since I'm assuming you can't use that area at all without potentially restricting access to the fire equipment.

 

it would typically be excluded from the area calculation.

as @Mlee17 has posted, access is via the footpath outside his property.

just to resolve my curiosity, can you post a snapshot of the Strata floor plan diagram.
I doubt it is included as part of your lot, even though it is not labelled. (refer to @lixas4 comments)
although if it is an error of the plan, then it may require amending at Vic Lands

 

This is correct - it is accessible via the public footpath from the outside of my lot.

very good point. how would i go about confirming whether it has been included/excluded as part of my lot entitlement as i would imagine there will be pushback from the OC Commitee?

 

A vinculum (~) is a symbol used in surveying to link two (or more) separate parts of a lot.
for a strata plan, parts of a lot that are separated only by a common property wall are routinely linked by a vinculum and a total area is shown on the face of the plan.

the area you have circled appears to indicate it is connected to your lot.
However strata laws are different between states, So maybe confirm the ownership with either your Strata Manager - Property Lawyer - or a Licensed Surveyor.

Note as previously mentioned: