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Parking Bay Problem

By Nigel Krawczyk on Sun, 26 Feb 2012 at 16:16

I purchased a unit from an insolvent estate. This process took 2 years for a liquidator to be appointed, for us to conclude the sale and transfer to be completed. I live abroad, and as unaware that a squatter had moved into the apartment. The squatter "sold" the parking bay to another owner, who then sold their unit + my parking to a 3rd party. The trustees, at a meeting, passed a resolution changing the parking bay from my section based on the fraudulent transaction.

Ultimately the 3rd party needs to seek relief from the person who transacted with the squatter, but if I can show that the proper procedure to change the allocation was not followed then that would mean the change never occurred so the parking should still belong to my unit.

My questions are:
1. Our parking bays are not on our title deeds. The 1994 Management & Conduct "House" Rules mention exclusive use areas and have a list with units and bay numbers. But the 2010 Rules don't seem to have a similar parking list. If the bays are not on each owners deed, what are the only other means the they can be allocated?

2. What procedure would the trustees need to follow in each of these cases to change the allocation?

3. As I do not believe passing a resolutions at a normal trustee meeting was the proper procedure to change the allocation, then surely this would mean it was never changed and the parking still belongs to my unit?

Trying to sort this out while living abroad is not easy, so any assistance would be appreciated. Thank you


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RE: Parking Bay Problem

Peter Vickery replied on Tue, 28 Feb 2012 at 09:27

Hi Nigel - you need to get copies of the scheme's Management Rules and Sectional Plan - from either the managing Agent or the Trustees. The allocation of parking bays and other EUA's should be detailed in both.
The trustees can't make 'ad hoc' decisions regarding the re-allocation of parking bays - Section 27 of the Act covers the procedures required to establish Exclusive Use Areas(EUA's)
Got to the Library Section of this website and download copies of the Act as well as the standard Prescribed Management Rules (PMR's) and Conduct Rules.

Regards...Show More

RE: Parking Bay Problem

Peter Vickery replied on Tue, 28 Feb 2012 at 14:21

Hi Nigel - maybe appoint a conveyancer to look into this, as he/she would have the necessary expertise and could sort the problem out for you?

Regards...Show More

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