Our building has a discrepancy regarding whether our balconies and carports are a part lot or exclusive use. If a by-law contradicts the strata plan, which one is correct?
In our building, the strata plan states the balconies and carports are a part of the lot, the boundaries of which are defined on the strata plan.
Our strata manager refuses to accept this and has issued a notice to say the balconies and carports are exclusive use common property.
Landgate have confirmed that they are part lot.
The CoO refuse to acknowledge the facts.
It appears that owners must go to SAT and bear some costs to have this determined.
If a by-law contradicts the strata plan, which one is correct?
The STA can not be overwritten by a by-law.
If there are part lots shown as “Pt” then they are owned. I have nothing to go on with the details of the by-law and how it may contradict the STA.
I do know that you can’t grant exclusive use of a part lot, as it is private property. External use of a part lot could be done by a lease.
It would be best to lodge an application at the State Administrative Tribunal to get a determination.
The STA can not be overwritten by a by-law.
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Previous experience has been gained whilst I was employed at Landgate for 35 years formerly the old Titles Office. During that period, I was primarily involved with the examination of registration documents, appointed as an Assistant Registrar of Titles, took a keen interest in the Strata Titles Act.
I was involved in various committees when the last changes to the Strata Titles Act were enacted in 1995 and 1996.
After leaving Landgate in 2013 I started working for myself as a Strata Consultant at Strata Title Consult Pty Ltd, providing services relating to the interpretation of strata plans and by-laws, re-subdivisions, mergers and conversions, attending strata meetings and provided assistance in other strata matters.
Recently events have seen me complete an appointment as an Administrator of a strata scheme which started out as a 12 month appointment and was extended for an additional six months. Shane's LinkedIn Profile. Shane is a regular contributor to LookUpStrata.
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