What happens to the shared driveway after unit titling?
If a shared driveway is shown as common property when the dual occupancy is unit titled, it becomes a shared area for the benefit of the unit owners.
The owners corporation is responsible for managing and maintaining the common property, and the unit owners contribute towards those costs through the owners corporation.
The registered Units Plan ultimately determines whether the driveway is common property or forms part of a particular unit or unit subsidiary.
Reference: Unit Titles Act 2001 – Section 13, Common Property – https://www.legislation.act.gov.au/View/a/2001-16/current/html/2001-16.html
Short Answer
If the shared driveway is designated as common property on the Units Plan, it is managed and maintained by the owners corporation, with both unit owners contributing to the associated costs.
Detailed Explanation
Following unit titling, the legal status of a shared driveway is determined by the registered Units Plan.
Where the driveway is identified as common property, it forms part of the common property of the units plan and is managed by the owners corporation on behalf of the unit owners. The owners corporation is responsible for the control, management and maintenance of common property, with owners contributing to the associated costs.
Accordingly, a shared driveway does not automatically become the private property of either dwelling after unit titling; its ownership and management depend on how it is defined in the registered Units Plan.
No minimum block size does not remove the need for planning assessment.
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