July 7, 2015 2:12 pm
So you’ve just had a really long day at work and you are mentally and physically exhausted. You come home to your new unit or apartment to find that some random has parked in YOUR car park and there are no more guest parks left! This frustrating scenario can occur all too often. How can you avoid it? It all depends on how the car parking was set up when the complex was built. When buying a unit or apartment, it is very important that you ask the Seller’s Agent when considering a property and then confirm them with your Solicitor. Here are the 3 most common types of car parking:
- CAR PARK ON TITLE
This is where the physical car park forms part of your lot and is outlined on the plan. An example of 20 m2 car park is shown below which corresponds with the lot number. You have indefeasible title to the car park; it is as much yours as the unit itself and is usually factored into the value of the property.
- EXCLUSIVE USE CAR PARK
This is where all the car parks are on common property owned by the Body Corporate. Although you don’t own the car park unlike the above, the by-laws of the Community Management Scheme provide exclusive use of each car parking space to a particular lot in the scheme. The CMS is enforced by the Body Corporate Manager. The rules surrounding the use of the exclusive use area are also outlined in the CMS.
- DESIGNATED CAR PARK
This is the rarest of the three and may occur in small schemes generally less than 5 lots. This is where all the car parks are on common property but do not have any exclusive use provisions, nor are they indicated on the plan as per example 1. It may be the case that there is simply a lot number on the car park, or there is some unwritten etiquette about how residents and visitors should park. Should another person take your spot, best leave them a friendly note because unfortunately there is nothing further you can do.
A WARNING TO BUYERS
Because of the issues associated with car parks, it is very important that that you engage a lawyer who can specifically point out exactly what option above applies to your purchase. For further information, please do not hesitate to call myself or Daleena Hartin any time.