Question: 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?
Answer: 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.
This post appears in the December 2024 edition of The WA Strata Magazine.
Shane White Strata Title Consult E: shane.white@stratatitleconsult.com.au