Flat Chat Strata Forum Common Property Current Page

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  • #58578
    Whoopi
    Flatchatter

    NSW. Behind my car lot space is a common property room which is a generator room. There is a right of carriage way across my lot for access to this room.

    The committee have decided to  remove the generator which no longer works and  they want to turn the area  into an office for  SC meetings and office for the building manager. This means  instead of it being a room that was rarely accessed (except for maintenance) it will be accessed  every day multiple times, past my parked car across my lot.

    We thought to access CP   even with a carriageway the OC would have to request access to enter our lot to maintain CP. It seems unrealistic  to ask us for access every day and also seem unfair and dangerous to have lot owners etc crossing a carpark.

    What are my rights  in regards to the repurposing of a CP space which was not meant for public pedestrian access but only for maintenance which may have been once a year at most.  Thanks Whoopi

    • This topic was modified 3 weeks, 1 day ago by .
Viewing 6 replies - 1 through 6 (of 6 total)
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  • #58586
    kaindub
    Flatchatter

    First thing you need to do, if not done already, is to get the title document to your lot and study the wording of the right of carriageway. Youmay need to get the help of a lawyer. Rights of carriageway are not cookie cutters, but can be different shades. It depends on how it is written.

    You also will need the title document of the strata scheme, in order to satisfy yourself that they have the right to use the carriageway.

    The documents may specify the circumstances under which your land can be crossed. You may be able to prevent the building manager from crossing your land if these conditions are not met.

    Rights of carriageway are extremely difficult to extinguish or modify. They need the consent of both parties.

    once your land is burdened with a right of carriageway, you have little recourse except to permit the benefitted party from using it.

    Another tactic you may want to consider: The change in use of the room from generator to meeting room/office would probably require a DA. Demand that the OC submits a DA and then object it to the council that the room does not have suitable access , since it passes your car.

    Additionally raise the issue that as the room will be used as office/meeting room, egress in the case of fire would be limited because your lawfully parked car will impede free access.

     

    • This reply was modified 3 weeks, 1 day ago by .
    #58589
    Whoopi
    Flatchatter
    Chat-starter

    Thank you this is great advice. I also imagine that  if they are intending on doing this they should have a resolution to spend the money for the demolition and repurposing of the room.   This committee has a tendency to just go ahead and do things without running it by the owners.

    I will look into what you have advised. When you say title document do you mean Strata Plan  I have the Strata Plan. I don’t think I have a title document.

    • This reply was modified 3 weeks ago by .
    #58607
    Boronia
    Flatchatter

    What is/was the purpose of this generator? It would have been installed originally for some specific task. Would its non-operation or removal affect the safety or functionality of the building?

    #58610
    Jimmy-T
    Keymaster

    What is/was the purpose of this generator? It would have been installed originally for some specific task. Would its non-operation or removal affect the safety or functionality of the building?

    Good point.  Is the generator there to provide power to the building in the event of, say, a fire, so that the water pumps can keep working?  Sounds like a fire safety consultation might be in order.

    #58628
    TrulEConcerned
    Flatchatter

    Kaindub, you make a good point about the DA.

    Independent of Whoopi asking the OC to file a DA, I  suggest that Whoopi chat to council officers, in person if possible and take with her a photo of the relevant matters i.e. her car parked in its place showing just how tight a fit it is to manvouvre between the car and the door to the said room.

    Ask council officers:

    a) If converting the room into one where meetings will be held on a regular basis will cause a fire hazard? Emphasise the restricted space allowing for entry/exit from that room, as your car is parked there most of the day, every day.

    b) If converting the room will result inadequate ventilation causing health issues? Of course if it causes health issues, the OC, if it remains wedded to the idea of conversion, may be happy to spend money to rectify this by installing an a/c unit;

    c) If such a conversion is a breach of planning legislation.

    I mention this because the more you know before raising the fight to the next level, the better for you.

    #58665
    Whoopi
    Flatchatter
    Chat-starter

    Thank you so much,   This is excellent advice and  the generator is Common Property and has not  been maintained. it does have a purpose and I will talk to the relevant  authorities.

    • This reply was modified 2 weeks, 5 days ago by .
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Flat Chat Strata Forum Common Property Current Page