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?
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.
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Christopher worked for many years in leading commercial construction law practices acting for government, developers and contractors in the building, transport infrastructure and resources sectors. He has been involved in all forms of dispute resolution including litigation, arbitration and alternative dispute resolution in a range of jurisdictions in Australia. Christopher also has a number of years’ experience in contract drafting, risk analysis and providing general construction advice having been involved in a whole range of construction projects, from minor works to projects worth billions of dollars. Christopher holds a Masters of Laws, is a Law Society of NSW accredited specialist in commercial litigation and is a member of the National Editorial Panel of the Australian Construction Law Newsletter. He has published in a range of law journals and associated publications. In the last few years, he has brought his specialist construction industry knowledge to the strata sector and now only acts for owners corporations in a range of jurisdictions. Christopher has also developed a specialization in ACT strata law, acting for ACT owners corporations in a range of matters. He has provided training to most ACT strata managers and is the author of the Kerin Benson Lawyers Guide to ACT Strata Law which is intended to become the standard reference for strata law in the ACT.
Christopher is a regular contributor to LookUpStrata.
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