Question: Can ‘unit subsidiary’ car park spaces be relocated within common property without going through Lands Services SA, and if so, does it need a unanimous vote?
I am a lot owner in a block of 10 units built in the 1970s.
The allocated car park spaces on our property have not been big enough for some occupiers’ cars for some time. The strata corporation is struggling to find a satisfactory solution so that all cars can park in their own spaces.
The car parks on the plans are indicated as being ‘unit subsidiaries’, which we have always taken to mean that they cannot be moved without going through Lands Services SA, to try to reallocate spaces to fit within a larger carport.
Is this the case? Or can the ‘unit subsidiary’ spaces be moved within the common property area if all owners agree? If so, would this require a unanimous vote or just a standard majority vote?
Answer: Relocating a unit subsidiary requires amending the strata plan, though granting exclusive use of common property by unanimous resolution may offer another path.
As the car parks are allocated on the strata plan as unit subsidiaries, changing the location of these will mean you will need to amend the strata plan. However, a solution to your problem may be to grant unit holders the exclusive right to occupy part of the common property.
Section 26(4) of the Strata Titles Act 1988 (SA) states that a strata corporation may, by unanimous resolution, grant a unit holder an exclusive right to occupy part of the common property for a specified period. It is important to note that this resolution is not permanent and must be in effect for a specified time, and it must be voted on by all unit owners without any dissenting votes.
If the owners or strata corporation are looking to build a carport on the common property for the newly acquired spaces, I would strongly suggest seeking legal advice to ensure the votes and motions are done correctly. Otherwise, you risk a current or new owner challenging the exclusive use, and, if done incorrectly, the carport may be removed.
This post appears in Strata News #808.
Carrie McInerney
Horner Management
E: carrie@hornermanagement.com.au
P: 08 8234 5777
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