Access to Storage Space | Common Property | Flat Chat Forum: Your Questions Answered




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Access to Storage Space
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FrankyAlison
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17/07/2017 - 9:01 am
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I live in a block of four units. Underneath there are two garages and a storage space.

They are common property but the garages are exclusive use of the upper two units. We pay 25-25-25-25 unit entitlements.

In between the garages is a storage space which is only accessible through one garage. My understanding is this space is not allocated exclusive use to anyone. I am in the process of obtaining the strata plan to check, but it could take a while (I am going away tomorrow).

I would like to use the storage space (currently empty) but the neighbour who uses the garage is reluctant to grant me access (no real reason other than she is very protective of her space). 

Does anyone know my rights in terms of using that space, which I have to access through an exclusive use garage?

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Lady Penelope
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17/07/2017 - 9:12 am
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Is the garage a proper garage with a secured roller door etc or is merely an open garage space?

What are the conditions of the Exclusive Use by-law for the garage? Does the Exclusive Use by-law mention anything about access?

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FrankyAlison
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17/07/2017 - 10:49 am
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It's a proper garage with a rolladoor. 

I'm not sure about the by-laws as am not sure how to find /access the paperwork. Are by-laws the same as the Strata Plan? 

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Lady Penelope
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17/07/2017 - 12:30 pm
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By-laws are not the same as the Strata Plan.

I suggest that you ask your Strata Manager for a copy of the By-laws. If you don't have a Strata Manager then ask a member of your Committee for a copy. If the garage has been granted to the Lot owner as Exclusive Use then all of the conditions etc will be contained in the By-laws.

By-laws must be reasonable. They cannot be unjust. 

By-laws, even Exclusive Use By-laws, can be amended either: on request of and with permission from the owner who has the Exclusive Use OR; by Order of the Tribunal if the Lot owner unreasonably refuses consent to amend the By-law.

It is far easier, cheaper, and less stressful to go down the route of obtaining the Lot owner's permission for an amendment to an Exclusive Use By-law. 

Can you come to some arrangement about access that is not going to inconvenience the Lot owner who holds the Exclusive Use? 

Or is the door to the storage locker able to relocated to a different position that does not impact the Exclusive Use?

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