Question: We have a rarely used, narrow common property passageway. To improve the space, we are considering approaching a lot owner about using part of their private courtyard. Is this possible?
We are a complex of 17 class A units in the ACT. Our complex has a narrow passageway between our garbage room and a private courtyard. The walkway has access issues and poor lighting. The area cannot be used by removalists when residents move in and out, does not provide wheelchair access or fit a shopping trolley.
We’d like to widen the walkway. The only solution seems to be moving the wall into a private courtyard by approximately a foot. Can this be done? Can we approach the owner and suggest an easement or lease of the required space?
We are aware the owners corporation would be responsible for all costs. Is this the best option or should we be following a different path?
Answer: As they say, anything is possible.
As they say, anything is possible but, achieving what is proposed will likely involve the cooperation and compensation of the lot owner, the adjustment of the units plan (including the approval of the ACT Government), potential advice from expert(s) (eg a structural engineer) and the passing of a resolution(s) by owners at a general meeting.
This sort of question really requires the engagement of lawyers for paid legal advice.
This post appears in Strata News #642.
Christopher Kerin
Kerin Benson Lawyers
E: enquiries@kerinbensonlawyers.com.au
P: 02 8706 7060
READERS BEWARE
Readers should be aware that significant amendments to the ACT’s Unit Titles Management Act and Regulations in 2020 and 21 mean that any answers reprinted from earlier editions of this newsletter could ( and some do ) contain incorrect information.