I want to extend my carport/garage and widen the door. I have submitted a plan which has been approved by the committee and the strata company. But now I have been told it must go to the Land & Environment Court. – Raellen, NSW

Q: I want to extend my carport/garage and widen the door. This will encroach on common property by approximately 1 sq metre. I have submitted a plan which has been approved by the committee and the strata company. But now I have been told it must go to the Land & Environment Court. I have agreed to pay 50% of the renovation costs and have paid a deposit based on the initial advice received.

A: It may be best to contact your local council about the matter, as each council has different requirements when it comes to altering strata schemes. Alternatively, you may wish to ask for clarification from those requesting that you go to the Land & Environmental Court.

Alternatively, you may wish to look into having an exclusive use by-law. This is a by-law that allows an owner to use a part of common property exclusively as their own. It will need to be passed by way of a special resolution vote during your next AGM/EGM. For more information on exclusive use by-laws services, have a look at our tailored strata by-laws solutions.