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I purchased my flat in 2015. One of my requirements when looking for a property was undercover parking, which this flat has in the form of a carport with a wooden roof.
The carport is described in the Lease as a 'parking space,' as are all other undercover parking spaces.
Almost all of the other parking spaces for residents are undercover, with the only exceptions being a handful that were redesignated from 'Contractors parking' to 'residents parking' when a similar number of undercover spaces were repurposed to contain a refuse bin storage area.
The repurposing was necessary because alterations to the adjoining property made it impossible for council refuse trucks to collect refuse from the original bin storage area, which therefore had to be moved to an alternative accessible location.
I am advised that the carport has been in situ for 35 years, and the property has been bought and sold several times during that time.
A problem has arisen in that the wooden carport roof has fallen into disrepair and needs to be removed for safety.
Over the past three years several discussions have taken place amongst the directors regarding repairs, but none have been made, and at no time has it been said or implied that the lessor was not responsible for funding repairs.
The lease does not contain the word carport, referring only to "FIRST ALL THOSE the gardens pleasure grounds drives paths garage spaces and forecourts forming part of the Property ... which are used in common by the owners or occupiers of any two or more flats", in the description of reserved property.
The description of the demised property mentions parking only as "The right to park one private car only in the parking space numbered 52 provided by the Lessor for this purpose".
The carport covers two spaces which are used by the owners/occupiers of two different flats.
Who is responsible for paying for reinstatement of these carport?
Thank you.
I purchased my flat in 2015. One of my requirements when looking for a property was undercover parking, which this flat has in the form of a carport with a wooden roof.
The carport is described in the Lease as a 'parking space,' as are all other undercover parking spaces.
Almost all of the other parking spaces for residents are undercover, with the only exceptions being a handful that were redesignated from 'Contractors parking' to 'residents parking' when a similar number of undercover spaces were repurposed to contain a refuse bin storage area.
The repurposing was necessary because alterations to the adjoining property made it impossible for council refuse trucks to collect refuse from the original bin storage area, which therefore had to be moved to an alternative accessible location.
I am advised that the carport has been in situ for 35 years, and the property has been bought and sold several times during that time.
A problem has arisen in that the wooden carport roof has fallen into disrepair and needs to be removed for safety.
Over the past three years several discussions have taken place amongst the directors regarding repairs, but none have been made, and at no time has it been said or implied that the lessor was not responsible for funding repairs.
The lease does not contain the word carport, referring only to "FIRST ALL THOSE the gardens pleasure grounds drives paths garage spaces and forecourts forming part of the Property ... which are used in common by the owners or occupiers of any two or more flats", in the description of reserved property.
The description of the demised property mentions parking only as "The right to park one private car only in the parking space numbered 52 provided by the Lessor for this purpose".
The carport covers two spaces which are used by the owners/occupiers of two different flats.
Who is responsible for paying for reinstatement of these carport?
Thank you.
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