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This is an version, edited for publication, of a question that appears in full elsewhere in this Forum.
QUESTION: We have a new owner in our block who wants to enclose his undercover car space. This particular area is designed for two cars and if this owner puts up a dividing wall down the centre it will make use of the adjoining car space extremely difficult.
While we park within the marked lines, it is accepted by all other owners that to give reasonable access, car doors are opened into the adjoining area.
This owner says it his space and he can enclose it if he wants too. But the area was never designed to be enclosed and it will adversely affect the adjoining owner’s ability drive into the space and get in and out of his car. Any thoughts on how to stop this? – Haroyd (via Forum)
ANSWER: There’s a block in the city that had this problem with one owner for several years, not helped by the CTTT genius who decreed that neighbouring car owners had no right to swing their car door over the adjoining space.
It took a ridiculous amount of time and effort to get the idiotic decision reversed but it ended with the Executive Committee sending builders in to dismantle the cage and stack it in the middle of the selfish owner’s parking space.
There are several probable grounds on which this could be rejected. For instance, the owners can be refused permission to fix anything to the floor, wall or ceiling, which are all common property.
There may be by-laws about the appearance of common property or that owners can only use parking spaces for cars, not storage. There could be local council planning requirements and fire safety issues and, a lawyer friend tells me, the strata plan might have to be altered.
But really, anyone who wants to assert their “right” to do as they please with no regard for their neighbours, should be living in a house.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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Hi, I’m a long time lurker and finally need to find more information!
I am considering purchasing into a block where mine would be the only car park that is not garaged. There are three ‘car ported’ spots. 2 are reserved for visitor’s parking, and one would be mine. The right hand side of mine is a brick wall. (below is a diagram of the space – I hope it works)
____________________________
O | |
visitor | visitor | mine|
| | |
————— O———–|————- |
Having made a strata search, there are notes to the effect that in 1994 a strata body determined that the space could not be enclosed because it would adversely impact on the access to the adjacent visitor’s space. I have two queries:
1) Is it correct that to challenge a ruling of this nature I would need to appeal to the Supreme Court, but only on a matter of law?
2) The third visitors space is separated from my space and the other visitor’s space by a concrete pillar, and as such, would not present as many difficulties if enclosed. In addition, it is an odd shape which would allow extra storage. Given that the spaces are on title, would it be possible to sell my space to the OC, buy the better positioned space and then seek to enclose it?
Thanks for any advice.
There are Australian Standards on parking spaces that are very detailed. Sadly you have to pay for these. I have a neighbour who is an architect so his office had a copy I could borrow.
I would recommend reference to the standards by the OC or EC in any decision about whether it is reasonable to enclose the space or not. The formula changes when there is a barrier such as a wall adjacent to a space that would prevent an opening door from 'borrowing' a bit of the adjacent space.
The required width also changes along the length of a space. EG. the area where the bonnet of most cars would end up can be narrower than the area where doors generally have to open. Then the minimum width changes with the aisle width: if you have a wider space between rows of parked cars you can make the spaces narrower and still have adequate room to manoeuvre.
If the spaces would still comfortably exceed the Standards it might be appropriate to approve enclosing. Otherwise, probably not.
Thanks very much for your suggestions.
I have a feeling that 'borrowing' from the adjacent space was one of the main reasons it was denied in the first place.
What are these legal complications you speak of? Issues I could think of:
– independent valuation of my space and the visitor's
– have surveyor redraw plans
– amend title documents of strata plan and our own
– stamp duty
– re calculate unit entitlements and contributions
– by-law to enclose new space
As for asking for a special resolution, can that be revoked at any time, or is it the same as making it exclusive use?
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