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Extra rental to be charged

By Harriet Marshall on Wed, 07 Mar 2012 at 12:56

I bought a flat in a sectional title block in May 2003. As it is the last flat in the row (and there is no access to anywhere further) a previous owner (not the one I bought it from) had enclosed the front of the flat by putting an additional door in the passage way to effectively create a "porch" for the flat. The current body corporate have now decided that this is encroaching on common property (even though no-one other people gaining access to my flat needs to go there) and have demanded that I either remove the door or pay a monthly rental for the privilege. I'd like to know what my rights are here given that I bought the property like this and assumed permission had been granted for the door as I don't think anyone would just enclose an area so obviously without permission but apparently nothing can be found in any records anywhere. Is this a money making thing for them or ddo they have this right? If the Body Corporate do have the right to charge me a monthly rental/additional levy, at what rate should it be calculated? I cannot remove the door since I have let the flat and the current tenants have taken the property as viewed so I would then be in breach of my agreement with them but the body corporate do not care about this. I hope someone can perhaps advise me on this matter.

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RE: Extra rental to be charged

Len Sack replied on Sat, 26 May 2012 at 08:41

Harriet,
By closing off the common property with the door you have effectively created an unauthorised exclusive use area.
Having bought the property with the door does not absolve you of the responsibility now.
To save yourself a lot of extra costs and upsets, and if the body corporates request for an additional levy is reasonable and fair pay it.The

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