Hi,
I live in a block of units where (a) all yards and balconies are common property, and (b) some common property areas are only accessible via private property - for example, a shared storeroom off another owners garage.
This property was built several decades ago and presumably the planning permit guidelines were less stringent.
There has always been an understanding among owners that each has the exclusive use of the common area (yard or balcony) in closest proximity to their unit. There is the possibility that this may be threatened by the conduct of one or more owners.
So my question is: if this situation was tested at a VCAT hearing, would any owner be granted the unconditional use of any common area, including those elsewhere on the property? Could one owner effectively "have their cake and eat it too", or would the tribunal be more likely to consider what's "fair and reasonable".
Many thanks
I live in a block of units where (a) all yards and balconies are common property, and (b) some common property areas are only accessible via private property - for example, a shared storeroom off another owners garage.
This property was built several decades ago and presumably the planning permit guidelines were less stringent.
There has always been an understanding among owners that each has the exclusive use of the common area (yard or balcony) in closest proximity to their unit. There is the possibility that this may be threatened by the conduct of one or more owners.
So my question is: if this situation was tested at a VCAT hearing, would any owner be granted the unconditional use of any common area, including those elsewhere on the property? Could one owner effectively "have their cake and eat it too", or would the tribunal be more likely to consider what's "fair and reasonable".
Many thanks