This topic contains 7 replies, has 3 voices, and was last updated by Daisy55 7 months, 1 week ago.

Viewing 8 posts - 1 through 8 (of 8 total)
  • Author
    Posts
  • #35673
    Avatar
    Daisy55
    Flatchatter

    In minutes of the inaugural meeting the OC of residents inna mixed-use development  appoints a car park manager. Throughout the basement,  onsite residential carpark signs start to appear.  The carpark manager turns out to be the business of the owner of the OC.

    In the carpark are 50 onsite carspaces for visitors. The building permit was only granted provided those spaces were provided.  The contract of sale says they were still to be allocated.

    On the 2 levels above the private residents carpark is the commercial public carpark also owned by the same manager of the private carpark directly below it. On same site.

    The developer asks the Minister of Planning to let him move the agreed 50 visitors carparks upstairs.  The carpark manager who owns the owner’s corporation does not object.  Why should he?  It means all visitors in the residential tower will have to pay his business to park , instead of parking for free.

    An investigation by council decided the number of spaces to be allocated had been reduced from 50 to 20, via negotiations  between the developer and the Minister that overruled Vcat. They also cannot find any clause in the case at Vcat ( where the planning permit was approved) that says the visitors spaces must be set out and be free.

    Under what law can the owner of the business (that owns his owner’s corporation business) permit free visitors car parking to be moved to visitors parking that profits his business?

    The developer profit’s from release of the 50 additional private car spaces for sale,  the carpark operater gets more business,  and the lot owners (who were told nothing until an owner triggered a council investigation)  have lost valuable onsite real estate that was located on their common property  at time of sale.

    Residents mistakenly parking in wrong spot are billed by the OC to pay the business belonging to the carpark operator. Is that legal?

    How can the loss of common property be proved,  and what should be the penalty for irresponsible collusion between the carpark manager and the OC, that are owned by the same person?  Can a lot owner sue for anything at Vcat or other court?  The property loses a great asset of 50 spare carspaces.

    • This topic was modified 7 months, 1 week ago by Daisy55.
    #35675
    Jimmy-T
    Jimmy-T
    Keymaster

    Sounds like a rort.  Speak to a lawyer (because you’re going to need one eventually anyway).

    #35676
    Avatar
    Daisy55
    Flatchatter
    Chat-starter

    Replying to my own article. My first paragraph reads very badly. It should say. ..

    It is mentioned in the minutes of inaugural meeting that a car park manager will be appointed. It is a multi-use development. The appointed manager of the private residential car park turns out to be the owner of 2 levels of retail carparking on the same site. This carpark manager also owns the Owner’s Corporation .

    This sets the scene better than how my story presently starts.

    #35681
    Jimmy-T
    Jimmy-T
    Keymaster

    Agreed.  But I don’t see how one person or business can “own the Owners Corporation” unless they own all the lots in the building.

    #35683
    Avatar
    Austman
    Flatchatter

    It seems to be an arrangement that’s becoming more common in Victoria, especially in mixed development strata schemes.

    The visitor spaces are managed by a car park operator.  There can be a fee charged for visitor parking.

    There should be a commercial arrangement between the OC and the car park operator.  It would be important to find out the details of that arrangement.  The OC might be receiving an income and the arrangement might be for a set period similar to a lease.

    Your situation is not unique.

    #35706
    Avatar
    Daisy55
    Flatchatter
    Chat-starter

    The business of the OC and the carpark manager are owned and managed by the same entity.

    The carpark manager and the OC are not at arm’s length.

    Court costs 20,000. I’ve spent thousands on legal advice about this tort and others on the premises already  I’m not rich.

     

     

    I

    #35707
    Avatar
    Daisy55
    Flatchatter
    Chat-starter

    The business of the OC and the carpark manager are owned and managed by the same entity.

    The carpark manager and the OC are not at arm’s length.

    Court costs 20,000. I’ve spent thousands on legal advice about this rort and others on the premises already  I’m not rich.

     

     

     

    I

    #35708
    Avatar
    Daisy55
    Flatchatter
    Chat-starter

    The business of the OC and the carpark manager are owned and managed by the same entity.

    The carpark manager and the OC are not at arm’s length.

    Court costs 20,000. I’ve spent thousands on legal advice about this rort and others on the premises already  I’m not rich.

    This is not the only rort. I will be posting under… How can the developer lease our common property onsite goods lift to himself for $1,pa.

    And how can the people with controlling vote be allowed to rent residential lounge to run their own business.

Viewing 8 posts - 1 through 8 (of 8 total)

You must be logged in to reply to this topic. Login Register