A Qld lot owner is asking about lot entitlement rules when it comes to the repair of the car park. Chris Irons, Hynes Legal provides the following response.
Question: We need extensive repairs to the car park. As we all own equal shares of this area ie one car space plus common property, why should we pay based on lot entitlement rules?
In our apartment block, we need extensive work doing to the walls of the car park. The car park area does not form part of the main building. All owners have one parking area and the rest is common property. The tennis court and pool areas are above the car park.
It would seem unfair to me that if we have to pay an extra levy, some owners would have to pay more than others under lot entitlement rules when we all own the same portion of this ie. a parking spot and the rest is common property.
Has there ever been a ruling on this type of problem?
Answer: This has been a highly contentious issue for several governments for many years in Queensland and will likely be into the future.
It seems from your query that you’re referring to contribution schedule lot entitlements. Suffice to say that this has been a highly contentious issue for several governments for many years in Queensland and will likely be into the future.
If you’re after a ‘ruling’, you can research this database, potentially, using keywords.
For a fulsome overview of the topic, you might like to read this article: QLD: That’s it for contribution schedule lot entitlement adjustments.
Ultimately if you’re wanting to go down the path of considering an adjustment, you’ll need to seek legal advice.
This post appears in Strata News #378.
Have a question about bullying emails from lot owners or something to add to the article? Leave a comment below.
- QLD: Q&A A Majority Lot Owner is Running the Complex
- QLD: What happens to the money you pay for body corporate fees?
- QLD: Keeping your body corp fees down: Here’s what you can do!
Looking for strata information concerning your state? For state-specific strata information, take a look here.