Monday, 16th September 2019

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JenL
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Last seen: 5 years 39 weeks ago
Joined: 10/12/2013

Need urgent help on question about adaptive parking in off-plan apartment.

I would like to purchase an apartment in inner city that come with an adaptive parking with 2 car spaces dimension and is clearly be in the strata plan as the part of the unit entitlement, ie not common property.

If i'm going to purchase the apartment with no member in my family is disabled, can i use the car space myself? Can I use the space for 2 cars as it can fit? Note that the draft by-law stated that the shared area of adaptive parking cannot be used for storage or parking as the adaptive parking should be used for mobility impaired person. In my case, can I simply use it for 2 car spaces?

Thanks in advance.

Jen

jenny
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Last seen: 2 years 9 weeks ago
Joined: 11/04/2011

Hi Jen

I hope one of the lawyers can answer this for you. I can't understand why you would have an adaptive car space as your unit entitlement. Adapative parking is usually common property. That is really unusual. If it is on the title for your unit of course you can use it but buildings can adapt by-laws as to what you can use it for ie storage etc. They would definitely not allow you to park two cars in that spot.

Can your lawyer not help you with this? You can not have a situation where you buy the unit and then find out that the parking for your lot is going to be used as a disability car parking space.

The same thing happened in a building I heard about where one of the apartments had three parking spots on their title. One was tandem and the other a single parking spot. They also bought when the building was not completely finished. When they moved in - they had three cars - one of their parking spots had been turned into storage for the building and was totally enclosed and locked-up.

It was a block of 12 apartments and the other purchasers didn't think it was fair that one of the units had three parking spots so they told the builders to close it in for communal storage.

Of course it went to court and they were told to pull it down. No matter how unfair they thought it was, that purchaser had a signed contract to say they bought the unit with three parking spots. They had the biggest apartment and paid the highest price. It was not common property, therefore they could not use it as such.

Regardless of the size of the parking spot, if you have been allocated one car parking spot, then you can only have one car.

I hope one of our legal eagles on here can help you more.

Good luck.

JenL
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Last seen: 5 years 39 weeks ago
Joined: 10/12/2013

Thanks Jenny for your reply.

Due to the compliance with the council, it seems new building should have certain percentage of area allocated to adative apartment and parking.

It seems quite commin in inner city to have adaptive parking to allocate as standard parking.

The apartment has already have a locked up cage allocated as storage so i don't believe that 'shared area' can be used for else.

JenL

Daniel Russell ...
Daniel Russell - Chambers Russell Lawyers's picture
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Last seen: 5 years 10 weeks ago
Joined: 07/07/2010

Hi JenL

You really need to ask your lawyer. The answer depends on the detail of the applicable planning instruments, the development approval and the by-laws (at least).

Best regards,
Daniel

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JenL
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Last seen: 5 years 39 weeks ago
Joined: 10/12/2013

Thanks Daniel.

I've checked with my solicitor who stated that it'll bound by the strata by-law that has right not allowing 2 parking on one adaptive parking even though it fit. It depends on individual strata and the strata rules seem to be tightened in near future.

Absolutely, it is a high risk and she not recommend me to purchase. Just wonder any people have similar experience and other legal advise as it seems quite popular in inner city apartment.

JenL

mini
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Last seen: 1 year 43 weeks ago
Joined: 13/05/2013

JenL,

Could you at least post the subject by-law here? It's difficult to comment on it without knowing its precise terms.

Could you also define what 'adaptive parking' in your context means?

Also, as a side comment, parking can be a very contentious issue within a strata scheme so I would personally be wary if I was to buy into a strata scheme with such a parking arrangement.

JenL
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Last seen: 5 years 39 weeks ago
Joined: 10/12/2013

Hi Mini,

Just check out with "City of Sydney' council, they told me that it is legislative to have certain percentage of new development to be allocated as adaptive apartment that come with adaptive parking. These types of apartments allow owner to easily change to cater for mobile disability person to be used e.g. wider hallway, door, ... etc. associated with disable parking.

As an owner of the lot that I should able to use the parking as myself even though it will be marked as 'disable' label. They suggest me to talk to the developer to remove the painting to avoid confusion to other resident that the disable parking is common property.

Even though with the above, my solicitor has strongly recommend me not to proceed with the sale as it also depends on the strata to be setup in future.

Currently, on the draft by-law regarding 'Adaptable spaces': 'The space is intended so that the user of the adjacent space has additional room and facility to move in and out of motor vehicles. Each space must be kept clear of any objects that would impede the intended use of the Space and without limitation, must not be used for additional parking or store'.

As a non-disable resident, not sure whether the above by-law still applicable and is in a very grey area.

JenL

JenL
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Last seen: 5 years 39 weeks ago
Joined: 10/12/2013

It should be adaptable car space.

BurlFord
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Last seen: 1 year 33 weeks ago
Joined: 31/03/2016
There is no way that the lawyer would say you can use the space. I used to write my papers on matters of parking issues and know that adaptive parking is not to be touched. At https://www.analyzedu.com/ [1], I have known more about adapticve parking. However, one can bring permission from the authorities to use it until someone comes to use the space. [1] https://www.analyzedu.com/
BurlFord
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Last seen: 1 year 33 weeks ago
Joined: 31/03/2016
There is no way that the lawyer would say you can use the space. I have read the tips at http://essaysmama.com/ [1] about parking and know that adaptive parking is not to be touched. However, one can bring permission from the authorities to use it until someone comes to use the space. [1] http://essaysmama.com/