Without any approval or consultation, can a resident build a colourbond wall between their car space and neighbouring car space in the basement car park?
We live in a 52 apartment lot strata building. Without any approval or consultation, can a resident build a colourbond wall between their car space and neighbouring car space in the basement car park?
The car spaces are open and if you have 2 vehicles in your allotted parallel spaces, it is impossible to open your car door without encroaching into neighbouring space. What approval would be required? Would it contravened building approval or create airflow issues?
Installing a wall on a car park boundary would amount to an improvement to common property and would ordinarily require body corporate approval.
Installing a wall on a car park boundary would amount to an improvement to common property (presumably the car park is exclusive use). This would ordinarily require body corporate approval. The committee may choose to refuse such an improvement, particularly if it created an air flow or building approval issue. These matters are things that the owner would need to confirm and provide evidence that they do not create any issues.
Adjudicators have (rightly or wrongly) held that owners do not have the right to temporarily encroach on other car park spaces for opening a car door (even though practically this regularly takes place).
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Todd is an experienced property lawyer who heads up Mahoneys body corporate team.
Todd specialises in body corporate law and predominantly acts for bodies corporate, body corporate managers and lot owners on all matters affecting bodies corporate.
Todd is an active member of the Strata Community Association (Qld). In 2019 he was appointed to the Strata Community Association (Qld) legislation committee and assists in making submissions on behalf of the Strata Community Association (Qld) on issues such as legislative reform in body corporate law.
As Todd is also a body corporate committee member, he understands the day to day requirements of administering a body corporate.
Todd has a focus on achieving practical and commercial results for his clients and understands the market in which bodies corporate operate within.
Todd also provides body corporate managers, and other industry stakeholders, with presentations and training on matters affecting the body corporate industry.
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