Our 1970s carport for 17 mv is non-compliant with current standards. We were built in mid 1960s, strata titled in 1978, therefore are absolved from OwnersCorp compliance as we were built before 1983. Our Carport roof is rusted through, peeling paint, all guttering fell off 15 years ago, downpipes rusted out and collapsed. Roof has NO SUPPORT so no one can walk on it to remove damaging debris from property behind. Property behind planted Lophosterum Conferus/Queensland Box which damages our carport roof. Property Registered Plan shows COMMON PROPERTY is also under the carport structure - and has been used by Unit 7 as their own car parking, ever since Bayside Council banned all street parking out front of unit 7 (built in 1937), 12 years ago!
Unit 7 claims the Common Property as its own TWO car parking spaces, but has not bought the land from the Owners Corporation to use as Carparking.
This Common Property is underneath the large Carport System - which must be replaced.
Do we build NEW Carport system but exclude the Registered Plan Common Property from being included (it is at one end, not in the middle)? OR,
Do we start the legal process of offering Unit 7 the opportunity to PURCHASE the Common Property from the OC to use as car parking spaces? OR,
Do we include the Common Property spaces under the new carport system roof and establish a new BIN CORRAL to house our growing number of Landfill, Recycling, and Compost Waste wheelie bins and the cost of extending the new Carport Roof is carried (paid for) by ALL OC Members? …. because only Units 1 and 7 do not have car parking spaces under the Carport.
* unit 1 has a separate 3-car garage elsewhere on the property; and unit 7 has been illegally using Common Property since Council removed street parking out the front of the property for Cyclists.
Victoria’s Owners Corporation Act 2096 changed recently to state that IF an owner is to derive NO use or Personal Improvement benefit from any project implementation, that owner has the right to refuse any for of monetary contribution to the cost of the project. As Unit 1 has his own separate garage, he does not have to contribute to the cost of installing a new, compliant CarPort System in the Rear CarPark.
And, as Unit 7 has been illegally using Common Property for 12-13 years, unless unit 7 purchases the Common Property as own car spaces, they will also not have to contribute to the costs of demolition and installation of the brand new, compliant Carport System? Even though we all know that unit 7 will continue to illegally use the Common Property as its own 2 car spaces.
HELP, PLEASE!
Unit 7 claims the Common Property as its own TWO car parking spaces, but has not bought the land from the Owners Corporation to use as Carparking.
This Common Property is underneath the large Carport System - which must be replaced.
Do we build NEW Carport system but exclude the Registered Plan Common Property from being included (it is at one end, not in the middle)? OR,
Do we start the legal process of offering Unit 7 the opportunity to PURCHASE the Common Property from the OC to use as car parking spaces? OR,
Do we include the Common Property spaces under the new carport system roof and establish a new BIN CORRAL to house our growing number of Landfill, Recycling, and Compost Waste wheelie bins and the cost of extending the new Carport Roof is carried (paid for) by ALL OC Members? …. because only Units 1 and 7 do not have car parking spaces under the Carport.
* unit 1 has a separate 3-car garage elsewhere on the property; and unit 7 has been illegally using Common Property since Council removed street parking out the front of the property for Cyclists.
Victoria’s Owners Corporation Act 2096 changed recently to state that IF an owner is to derive NO use or Personal Improvement benefit from any project implementation, that owner has the right to refuse any for of monetary contribution to the cost of the project. As Unit 1 has his own separate garage, he does not have to contribute to the cost of installing a new, compliant CarPort System in the Rear CarPark.
And, as Unit 7 has been illegally using Common Property for 12-13 years, unless unit 7 purchases the Common Property as own car spaces, they will also not have to contribute to the costs of demolition and installation of the brand new, compliant Carport System? Even though we all know that unit 7 will continue to illegally use the Common Property as its own 2 car spaces.
HELP, PLEASE!
