Hi guys need some help.
The issue I have is with the two documents on page 14 & 15 from my auction contract. My unit is number 2. If you look at the title on page 14 it shows what should be my front yard as per the boundaries. However, the plan on page 15 displays a discrepancy. If you look closely between unit 2 and 1 they have taken what should be my front yard and turned it into common land. That rectangular space is now used to store 4 bins and has a toilet on it. Technically, the document on page 14 shows that whole space should in fact me my front yard.What is going on here? No one seems to be giving me a straight answer.
Wow. So when was the strata titling done? Is it ancient? Will you need to fight it out with body corp to get this sorted?
If someone else bins and a dunny are near your front door I can see why you are not happy. Is this refuse fixed or removable?
I would probably go with getting a solicitor involved, then getting every scrap of paper confirmed and documented with the council.
You can take all your bits of paper into the council and go to the planning dept and speak to a planner.
You can then get someones name and face and try to get something happening.
This way you can then get the solicitor to communicate (in writing) about how this 'stuff' is to be removed at the earliest possible
convenience as you would like to use the space. Then I would go and buy some nice bushy shrubs that will grow really quick and are really hardy
and I would plant it out. Then I would water and fertilise those plants until no one could possibly mistake it for anything other than your garden.
Maybe get a nice bit of sleeper and screw on a big shiny number and stick that in there too! (I'm territorial!)D
DWolfe | www.homestagers.com.au
http://www.homestagers.com.au
Email MeMore than likely is that the area has had a special resolution passed granting use of this area to all units. The previous (possibly original owner or developer) may have received some payment for granting this benefit (reduction of area) and subsequent owners have benefitted from a smaller lot size (& price tag).
Why wouldn’t they change the plan on page 14 aswell if that occured?furthermore,both plans are dated as 1969 which is when the sub division occured I think. If that did in fact happen what’s stopping them from taking more land from my front yard and making it common land?or alternatively what’s stopping me from doing that to the other units front yards?
A special resolution has to be approved by a larger % of the body corporate. Things like that generally occur only whilst the developer still has control over the BC (and post registration of the strata plan). If the owner at the time was compensated for the 'loss' then it just flows with the title. A typicial example is exclusive use whereby garages/parking or an enclosed courtyard is located on common property however if exclusive use resolutions (which are contained in the by-laws) are passed then individual owners may be granted exclusive use over a parking space (and it will not appear on the title). These provisions exist to enable compliance with council requirements but give flexibility to the owners to use the property as they require.
You say majority or is it unamious agreement?is there an act that overides the owners corporation act when it comes to possesion of common land?Because in the owners corporation act it mentions unaminous
Scott No Mates wrote:A typicial example is exclusive use whereby garages/parking or an enclosed courtyard is located on common property however if exclusive use resolutions (which are contained in the by-laws) are passed then individual owners may be granted exclusive use over a parking space (and it will not appear on the title). These provisions exist to enable compliance with council requirements but give flexibility to the owners to use the property as they require.how do I know then that there are not other areas on my title that are common land but just not showing on the title?
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