Carspace issue

H

hamzau

Hi,

I need some urgent advise. I own a property in the cbd and someone slipped in the carspace some 3 years ago. The person has decided to press charges a few weeks before the statuary of limitation ( 3 years for civil personal injuries) kicks in. The person twister her ankle. I do not live in Melbourne but only visit from time to time. The accident happened whilst I was away.

To establish ownership, I am trying to figure out whether the space is my property or just an allocated space on common property for my use.

My title just mentions the LOT. How do I go about confirming this?

Thank you so much
 
wouldnt the car space be strata titled? in which case it would fall under the strata scheme's insurance?

edit: regardless - I'd be calling my solicitor first thing Monday morning - they'll sort it out for you either way
 
As above, check yout titles. It could be done in a few different ways depending on age - individual titles, common property with exclusive use bylaws, common property with license.

Generally, the strata insurer would cover personal liability for the carpark as it is accessible by multiple parties outside of the control of the lot owner.

A call to the strata manager would be helpful to indentify the title and also to adviseof the claim and obtain the insurers details. Note that the insurer at the time of incident will be the party who needs to be contacted - if they owners corporation has changed insurer since, they will not accept the claim.
 
Thanks for that.

In the end, if the lot is allocated space than I would not be liable to any injuries/associated costs that would come with the accident?

It is a matter I have raised with the OC a few times. If I am not given permission to do anything or build anything to deter people from accessing it, then how is it my private property? There is just not enough legal power given to me for that space for it to be called my private property!

I have heard OC's can be quite intimidating sometimes. Is this true? Any suggestions on how to tackle/talk to them about this?

Thank you so much guys!
 
Also, for my own information, how does on interpret the terms on the title?

If it states Lot XXX on plan of subdivision YYY, that just means the lot space allocated to my apartment space? Also, on the plans which I pulled up, the parking space is written as "Pt.XXXX", where XXXX is the lot number.

I have lost a fair bit of sleep over this. :) Any help as always is appreciated greatly :)
 
hamzau said:
I have heard OC's can be quite intimidating sometimes. Is this true? Any suggestions on how to tackle/talk to them about this?
Click to expand...

No need to be intimidated Hamzau; they work for YOU.

Be polite but just remember you're an owner, and your fees pay their wages.

How many units are in your building?
 
@ianvestor
Thank you for the articulation. I get what you mean :)

There are about 40 apartments. I happen to own another one as well, in the same building.


@Nataleak
it does unfortunately.
 
How did they slip or what caused them to slip?
They would need to prove something was at fault.....i.e did your car drop
oil and they slipped on it...
Seems a bit strange they would try to sue you rather than the body corporate,
a disgruntled neighbour?

Also surely an "open" carspace comes under the strata insurance, you are allowed to use the space but not make any changes to it.
If you have your own insurance with public liability, they would only cover enclosed areas, like the apartment and a closed off garage, the rest should come under strata insurance.
 
I don't think this will help but what about asking them why were they on
your property without your permission.
 
@wally
There was oil there. Dont know how it got there. We have a massive problem of people coming and parking their vehicle in other peoples lots.

@nww
haha..exactly. Under trespassing laws, no one is allowed on my personal property without my consent!
 
hi hamzau,

As other posters have advised, if it's common property, I would think the OC public liability would cover it.

Eg I believe that the public liability covers workmen doing work on the common property etc. I don't see why it wouldn't cover a person who falls in that area too. It's usually $10million so I reckon you should be covered.

As others have also said, what was that person doing trespassing on your area?

Take it up with the OC & don't be intimidated.

Good luck!
 
@The Y man

Which letter would you be referring to?


I was advised by the chairman of the OC to get in touch with their lawyers as it seems that the first defendants are the OC and I am the second defendant. I have sent an email to the lawyer assigned to the OC by the insurance company so lets see what they say. I have expained to them the details of what happened and my take of the situation based on my lot entitlement.

Thanks guys
 
hamzau said:
@The Y man

Which letter would you be referring to?


I was advised by the chairman of the OC to get in touch with their lawyers as it seems that the first defendants are the OC and I am the second defendant. I have sent an email to the lawyer assigned to the OC by the insurance company so lets see what they say. I have expained to them the details of what happened and my take of the situation based on my lot entitlement.

Thanks guys
Click to expand...

Honestly - unless the plantiff has actual evidence as in a photography with the herald sun next to it on the date she fell with the oil leaking around there - i doubt the courts would take it further. It could be just threats or someone who is just upset. I have taken the OC and builders to VCAT, courts - the lawyer would be able to assess the case based on the evidence. i would be detailing your hours on this case and put it in a spreadsheet to show the plantiff the hours you have wasted on this. If you're stressed about it - go see a psychologist and get a proper medical certificate and then countersue the plaintiff.
 
An update. The thing is that a writ has been filed in the country court, but I have not been served as I am still overseas. The OC told me this and due to this little issue, the case is pending. I am wondering whether to assign my own lawyers or talk to the lawyers assigned by the insurance company to the owners corporation.

Any suggestion on this front?

Thanks guys
 
Also,

I checked the subdivision plans, the plans show my lot and also show my car space. If I am reading the plans properly, the car space shows a top view of a rectangle with the dimensions and in the cross section view shows a massive box which incorporates all 50 parking bays and gives them a height of 2m. The actual car space is just a rectangular white box with the lot number on it.

Any idea about this?
 
Did you have home and contents insurance? That normally includes public liability (personal injury). If you can't find the brochure just give the insurer a call and they'll be able to confirm over the phone. If you have public liability cover, lodge a claim with your insurance company. Under the terms of the policy, you're required to notify them as soon as possible anyway. They'll confirm coverage and appoint lawyers straight away.

If the car space is considered part of the building's common property, then body corporate is responsible and you should be released.
 
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