Question: 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?
Answer: 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).
This post appears in Strata News #452.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753