Your Garage is Behind That Door
Posted June 6th, 2008 in Buying or Selling, Real Estate, Sharing the Experience
CC Flickr: fabricatorofuselessarticles
Few duplex’s have formalized rules or bylaws.
What Are You Buying?
When you buy a duplex it is important to understand that you are buying into a strata that consists of two dwelling units. For your part, ensure that you appreciate your responsibilities as they apply to building insurance, gardening, structural repair, general building maintenance including roofs, limited use common property and access rights to and use of such things as a common garage structure with distinct parking areas.
Parking Assignment
Issue sometimes develop in regard to parking assignments. The strata plan indicated that each unit was assigned a distinct parking area within the garage. On paper this looked fine, in reality the opposite prevailed. The assigned parking areas of the garage were opposite to the living areas exit and entry doorways, sidewalks leading to the garage and fencing delineating limited common use areas of the duplex units. This proved impractical to the enjoyment and use of the garage. Easy access to the assigned garage space via the sidewalks and fenced areas was untenable.
Reasonable
Reason prevailed with the two owners cordially deciding to use the parking most accessible to their living area. As each parking area was equal to the other, this arrangement seemed right, was convenient and worked.
Too Costly
It is unlikely that the strata plan will be corrected to reflect this impracticality. Costs to make the correction would involve new surveys of the property, and re-registration of the plans and amount to substantial monies being spent.
Can Be a Problem
The simple solution derived was for each to use the others legally assigned garage - no problem it would seem or is it?
Make Sure
Check your strata plans when you buy a duplex. If you encounter this situation first amongst other things is to guarantee yourself that the common structure insurance you assume or purchase will cover this arrangement. It would be very prudent to create a simple letter of understanding between each owner noting their agreement to the switched use of each others garage.
A Letter
When you sell your unit it would again be prudent to attach this letter to the sale agreement having it acknowledged so as to protect the remaining owner and to provide clarity to the new buyer about the outstanding cross-garage arrangement.
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