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Incorrect allocation of storage room and common property
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rhea
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22/02/2018 - 9:04 pm
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Hi Flatchatters,

Our Apartment block has 12 units and each unit is entitled to one storage room each.

As per the registered strata plan, the area of the storeroom for Unit 4, 3 and 7 is 25 Sq. ft. each and all other storerooms are 40 sq. ft. each.

Recently, it was identified owners were not occupying the storage room in accordance with registered strata plan and their entitlement but we were following the incorrect door numbers assigned to the Storage room.

Last week at the AGM it was decided that a draftsman be engaged to prepare a revised plan of basement level showing the correct physical location of storerooms so that new correct numbers can be installed on storeroom doors and any storeroom located on the common property can be identified. However, there is a disagreement amongst few owners regarding the allocation of the storage room and location of the common property.

I took the initiative to assess the storage rooms against the registered strata plan. This is to ascertain that decisions to be made in this regard are in accordance with the registered strata plan and I am not disadvantaged.

We have identified there is an extra storage room that is not in the plan. I measured the area of this particular storage room that is 26.21 Sq. ft. I believe this is the common property, however, according to the Strata Manager, this storage room would be assigned to Unit 11 and I disagree with his assessment because it is not the right size nor marked in the registered strata plan. 

I believe one of the storage room is being currently used to store gardening equipment.

What are my options? What action can I take to ascertain I am assigned the correct storage room as per my unit entitlement and in accordance with registered strata plan?

I can send the plan but do not know how to attach the document here.

Thanks.

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Sir Humphrey
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23/02/2018 - 4:28 pm
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Either you are reading the strata plan incorrectly or the strata manager is. I would hope that the draftsperson engaged by the OC would clarify the matter. That does seem to be the way to go.

Just to be sure, I would make a point of talking to that person so that they can either understand your interpretation and confirm that you are correct or show where you have misinterpreted the plan. 

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rhea
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23/02/2018 - 10:20 pm
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In order to understand why we are interpreting the registered strata plan differently,  I have requested further clarification from both the Strata Manager and the owner who does not agree with my assessment. As usual, the Strata Manager has been unresponsive so far and I have sent him another reminder.

I am also mindful that some owners have raised concerns earlier that it would be inconvenient for them to move because their storeroom was jam-packed. 

Meanwhile, I also organized 3 professionals on different weekends to carry out an independent assessment and their interpretation was similar to mine.

My assessment was found to also match the assessment carried out by one of the Real estate agents who recently sold 2 units in our block and he was the first one who brought to our attention that some of us were occupying incorrect storage room. 

I would like to keep an open mind, however, would not be like to be shortchanged on my unit entitlement.

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Tess McGill
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01/03/2018 - 12:36 am
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Can you frame your responses in terms of aligning unit entitlement with levies ie if you presently are occupying a greater unit entitlement than you are entitled to, your levies should rise; and similarly, if you have less, your levies should fall.

When people realise they are going to have to pay for something, it sometimes helps them come to their senses.

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kaindub
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02/03/2018 - 6:21 am
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In my opinion, its not all that hard to read stata plans. 

But in the buying process its not usual for the solicitor or conveyancer to  check that what you have been shown yo be buying and what is on the plan is fhe same.

Now if you believe that some owners are not o  upying their  correct storage units, then they are trespassing. Just bebecause its too difficult to move ones possessions is not areason to perpetuate the breach.

The numbers assigned to each storage room carry no legal weight as it is the strata plan which is the ultimate test.

Remeber that you have legal title to the property that is described in the documents registered withthe lands department. 

Get you solicitor to check the plans, and if he agrees with you have him send a trespass letter to the offending owner, not the OC saying that if its not rectified you will take  court action

This is not a strata matter but a property (title) matter.

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rhea
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02/03/2018 - 10:28 pm
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Thanks for your suggestion kaindub. 

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