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VIC Strata Title and Carports Issues - What to Do?

Discussion in 'Property Law Forum' started by jacky_moo, 19 May 2016.

  1. jacky_moo

    jacky_moo Member

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    OK, so we’ve got some long drawn out and ugly parking issues that are now getting worse. Sorry for the length of this post.

    Background is:

    I live in a block of 5 units, all are owner occupier. There is a strata title with a BC/OC. Each of the 5 units also owns an accessory unit being 1 car space each.

    The issues that we are having are unfortunately multifaceted and are getting more and more complex as strata parking issues tend to be so. I will try and explain it as simply as possible.

    For some time now, the owner at unit 5 has been parking a second car on the property in the ‘informal’ guest spot (to clarify this OC conforms to the model rules and there is no official guest parking spot/area on the property nor are there any by-laws). The secondary car was parked there on a regular basis, sometimes for a few days on end, sometimes for a few hours – no big issue here, as use of the spot had always been amicable. As the frequency of unit 5’s additional parking got more consistent/regular, it was decided they will park their second car on the street and leave the “guest spot” available for other owners guests coming onto the property.

    Unit 2 has a relatively new owner and the new owner recently got a housemate. This is where the situation started to get sticky. The new housemate decided to park their second vehicle in the “guest spot” constantly. This issue was raised with the BC/OC and the suggestion was put forward by the owner of unit 4 (unit 4 does not have a car) that unit 4’s spot would be used to share equally with the other owners for their secondary vehicles to attempt to relieve the tension.

    Unfortunately, this has made the situation worse as the complex was built in the 70’s and quite a lot of shoddy work has been done, refer to the diagram that shows the car parking spaces. Part of this shoddy work is that: carports that were erected over each of the car parking areas and are not correct to the title they are in fact significantly smaller than the title allows (each spot being 2.6m wide). For the past 8 years, units 3 & 5 have shared one carport as unit 4 does not have a car and unit 4 gave permission for the carport to be shared knowing that the carport is too small to fit 3 cars under.

    That situation is now that unit 2 are parking their second car in unit 4’s spot on a full-time basis. In theory, this is not a difficult situation but what has resulted is due to the reduced size of the carport and the conflict with the title sizes, the support poles fall within unit 3’s car space therefore severely reducing it (by approx. 400mm). Unit 2 has already damaged unit 3’s vehicle due to the extremely tight parking. Further, to this Unit 5’s secondary vehicle has now taken up continual use of the “guest” spot

    The obvious solution is that all secondary vehicles be parked in the street and the guest spot disallowed (seeing as it does not exist and parking any vehicle aside from owners vehicles on site is a breach of model rules schedule 2) until the carports can be rebuilt to accommodate title correctly.

    Quotes have been sourced for these works but it will be quite expensive and the other owners have expressed that they are not willing/ready at this time to contribute towards the rebuild of the carports- the carport will eventually have to be removed and rebuilt to specification but it appears that will not be done anytime soon.

    I believe the “term” for what we have is a clusterf*** as now unit 2 and 5 believe they have the right to park 2 vehicles on the property at all times. I own unit 3 and I have 2 vehicles and have always parked my second vehicle on the street.

    Any recommendations on how to remedy this situation as amicably as possible? Preferably without having to go through consumer affairs / VCAT is preferable, but will be done if necessary.

    Thanks
     
  2. jacky_moo

    jacky_moo Member

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    Might help if I attached the picture. Apologies.

    [​IMG]
     

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