I cannot access my side courtyard as the upstairs tenants use the space outside the gate to park their cars. I've learnt the space has been leased by their lot. This arrangement was not disclosed during my purchase of the property. What are my rights?
I purchased a strata apartment with a side courtyard on title. This courtyard can only be accessed through a gate leading from, what appeared in my contract and plans of subdivision, common property. The tenants in the upstairs apartment have started parking in the tiny parcel of common property outside my gate, fully blocking access to my courtyard.
I asked the strata manager to confirm this space is common property. They informed me the space had been leased to the upstairs unit on a 99 year lease. This was never disclosed to me at purchase.
Given I own this side courtyard but can no longer actually access the space and also that I was never informed of the 99 year lease during the purchase process, what are my rights or options? Not being able to use my courtyard significantly reduces my apartment's value.
Obtain written confirmation of the reduced value of your property and seek compensation from the owners corporation.
We recommend that you first obtain a real estate agent's valuation on the reduction of the value of your apartment now that you cannot access your apartment. Once you obtain a written confirmation of the reduced value of your property, seek compensation from the owners corporation (if they failed to disclose it in the owners corporation certificate).
Log in to your existing Lookupstrata Account to download the printable file.
Rochelle Castro is the Principal Lawyer of RC & Co Lawyers, a national boutique firm with offices in Victoria, New South Wales and Western Australia. A large part of her practice includes strata, subdivision, general property, building & construction. She has been serving the strata law industry for the past 12 years. She regularly appears in Tribunals and various Court jurisdictions for various strata stakeholders. She annually presents papers on strata and construction law in international research forums. She is also a volunteer trainer of Strata Community Australia’s introduction to strata education program. Rochelle believes that practice of law must be effective, resourceful and clear. Rochelle is a regular contributor to LookUpStrata. You can take a look at Rochelle’s articles here .
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