Requesting exclusive use of an area

[vbplease]

Hi Guys,

For a ground floor unit I purchased recently, I'd like to gain exclusive use of a pathway (approx 3m wide) that is otherwise unused- see attached image. I wasn't counting on this eventuating when I decided to purchase, but know it would be a real bonus.

There are a few complications I need to work out, before i present to the BC for a vote..which is a resolution without dissent vote - one "no" vote and I'm doomed.

1) A Community Management Statement (CMS) needs to be lodged with Dept Nat Resources (legal fees $1k??)

2) new by law needs to be created (included in the legal fees?)

3) plans showing the new exclusive use area - I can do at work.

4) Water main & hot water systems for my unit and another would be in the new exclusive use area.

The water main and HWS seems to be the biggest deal breaker.. I could relocate the other unit's HWS ($100/m for copper pipe parts/labour?), but stuck with the water main issue. A solution is drafting an access easement into the by law - not sure about the legalities of this?

Or should I just forget about the fence to create the "exclusive use" and just request the sliding door? It nearly gets the same result without the headaches.. any thoughts/opinions from anybody that's tried this before are appreciated

 

[MangoMadness]

Would it be worthwhile talking to the owners of U1 and 3 and showing what you propose and suggesting that they might be able to do the same and increase the value of their property.

Surely any property owner would be keen to hear a proposal that might increase their property value, even if they wernt in a position to take advantage of that right now, knowing that if they support you now, you would support them in the future might get them onside.

Or am i thinking too machivellian?

 

[vbplease]

Thanks - owner 3 can definitely do the same. Unfortunately they aren't owner occupiers so I'd have to approach them through the body corp or get their address through other means..
Owner 1 already has a courtyard/car park behind the existing fence.

 

[DaveM]

What are you calling a "water main"?

 

[vbplease]

the "stop tap"? turns on/off the main water supply.

 

[DaveM]

the "stop tap"? turns on/off the main water supply.

Are you sure this isnt just the isolator for the HWS? Most units have the water supply stop tap inside the unit.

 

[BV]

I could relocate the other unit's HWS ($100/m for copper pipe parts/labour?)

Where are you going to relocate them to?
The HWS should be as close to their bathroom/Kitchen as possible so if you are going to move them further away the hot water would take longer to reach their taps and therefore the owners won't be happy with your plans.
Are they gas or electric HW tanks?

 

[vbplease]

Are you sure this isnt just the isolator for the HWS? Most units have the water supply stop tap inside the unit.

Yep It's definitely the stop tap - I just tried it out now. It has a meter on it too.

Where are you going to relocate them to?
The HWS should be as close to their bathroom/Kitchen as possible so if you are going to move them further away the hot water would take longer to reach their taps and therefore the owners won't be happy with your plans.
Are they gas or electric HW tanks?

I was thinking of relocating to the north end where the others are.. but think it wouldn't worth it now. Definitely not feasible to move the two "stop taps". ??

I think my options now are;
1) Just install the (security mesh) sliding door and have no exclusive use.
2) Install sliding door + dividing fence at half the width of my unit which is in between my HWS and the other unit's.
3) Install sliding door + dividing fence at full width, and work out the legalities of an access easement.

That's assuming the others owners agree to any of this.. will let you know how I go.

 

[BV]

VB
Is the HWS electric?

 

[vbplease]

They're gas - I'm guessing that makes it a lot harder to relocate?

 

[BV]

They're gas - I'm guessing that makes it a lot harder to relocate?

It depends, it could also be easier.
Are the HW tanks old?
You could offer to change them to instant gas for a small fee or even free in return for their vote?
Instant gas devices are small because don't have a storage tank, they are more efficient and you can put them almost anywhere (perhaps up the wall and closer to their unit?)

 

[vbplease]

I'm pretty sure they were installed in 2001. Do they have a working life of 20yrs or so?
I like the idea of instant gas. Do you know roughly the cost of changing over per unit? I need a carrot or two to offer the other owners.. perhaps owner 3 can go halves with me in offering all owners new HWS, as he should try to get his exclusive use area too.

It would be great relocating the HWS, but still leaves the problem of accessing the "stop tap".

 

[BV]

I don't know the cost, probably $1K ea?
Why don't you install new stop taps at an earlier point?
Obviously the pipes come from the street so intercept them earlier

 

[Belbo]

It sounds like a great idea in principle, but also sounds like even if you get everything worked out brilliantly BC consent will be an issue unless the key interested parties are fully on board with you before the meeting. (Sounds like a BBQ and an a case or two of beer might be in order? )

In the event that a formal approval is declined (I fear likely, because some people just get off on being obstacles), a plan for an informal arrangement involving non-lockable access might get support if they think you're a nice guy. This raises a question though, after say 10 yrs of exclusive use, is there any chance it could revert to you by default?

 

[vbplease]

I don't know the cost, probably $1K ea?
Why don't you install new stop taps at an earlier point?
Obviously the pipes come from the street so intercept them earlier

$1k doesn't sound too steep..
I actually got the hydraulic plan in the conveyancing searches.. will double check, but sure the water comes in from the north end and wraps around - so I could relocate the stop taps to be with the others - at the north end.

It sounds like a great idea in principle, but also sounds like even if you get everything worked out brilliantly BC consent will be an issue unless the key interested parties are fully on board with you before the meeting. (Sounds like a BBQ and an a case or two of beer might be in order? )

Yep, some palm greasing will be in order At the moment I've only been here less than a month and not a member of the BC. I'd like to contact (through the BC managers) unit 3 so I can get him onside and get both areas approved together. Perhaps offer new HWS for the complex

In the event that a formal approval is declined (I fear likely, because some people just get off on being obstacles), a plan for an informal arrangement involving non-lockable access might get support if they think you're a nice guy. This raises a question though, after say 10 yrs of exclusive use, is there any chance it could revert to you by default?

That was my plan/thoughts too.. but as soon as any type of "fence" is erected then it's considered "exclusive use" and opens a can of worms..