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I own a unit in a block of three in Melbourne Victoria. The…

I own a unit in...
I own a unit in a block of three in Melbourne Victoria.
The parking area adjacent to my unit has a carport overlying it.
The area is solely used by my unit occupier and is not readily accessible to other occupiers.
The carport is in bad need of repair due to a broken ceiling. It also needs repainting to match the units.
On the strata plans the area is clearly marked as common property.
The other owners are refusing to pay anything towards the repairs.
Where do I stand?
It is also being suggested that I should have a lease over the area or that the area should be transferred to me to be part of my title.
What do you think?
Heidi
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Answered in 5 minutes by:
3/8/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,726
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Customer reply replied 4 months ago
Body Corp law may be different in Victoria. Can you assess this question.

Good Morning

As the carport on common property, has a bylaw been passed to allow the unit owner exclusive rights?

Has the body corporate obtained a quotation on the costs of getting the work done?

The laws are the same in all states when it comes to contributions.

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Customer reply replied 4 months ago
Quotes have been obtained.
There is no bylaws regarding usage. Just precedent.

Good Morning

In that case he may have a right to use the parking area based on he past use.

But when it comes to repairs etc you all have to pay a share and that is based on your unit entitlements.

The body corporate has to send out the notification to all unit holders of the amount and there should be a meeting.

I am assuming there is not enough money in the bank of the body corporate to pay for this and they need to raise it by a special levy.

But this is how it is done.

if the majority vote for this and he does not pay then he will be charged interest as per the act.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Good Morning

On the question of having it transferred to your title, this is not going to be a cheap you have to have the Strata plan amended and relodged and the entitlements changed.

If you are to have exclusive use and be liable this can be done by by-law.

In both cases the other unit owners have to consent and agree.

It has to be put t a vote.

I hope this is of assistance.

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Customer reply replied 4 months ago
I’m in the minority as I am pushing for repair ( broken ceiling and possible asbestos) and the others are saying as it won’t benefit them they shouldn’t have to pay anything
I was hoping for a compromise. We do have almost enough in our fund to pay.
Customer reply replied 4 months ago
The appearance is an eyesore so could also be said to detract from the overall appearance of the place.

Good Morning

If the body corporate is not doing its job and it is in need of repair you can take the matter to VCAT and force them repair.

Here is some information

https://www.consumer.vic.gov.au/housing/owners-corporations/property-maintenance/maintenance-plan

They have to maintain under the act.

Under the Owners Corporation Act 2006, your owners corporation must repair and maintain:

  • the common property, for example a garden or nature strip
  • chattels, fixtures, fittings and services related to the common property
  • equipment and services that benefit some or all of the lots and common property
  • property that is its responsibility.

All owners corporations, committees and delegates must exercise due care and diligence in carrying out functions and powers, including maintenance and repairs.

This is from the link I sent you.

But if they refuse your only option is to take them to VCAT and get orders.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,726
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Customer reply replied 4 months ago
Thankyou. I think I have enough to go on.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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