In Queensland, it is very common for your apartment to be on a separate legal title, registered in the owner's name, and for the car space(s) to be on common property, which is registered on the Body Corporate's name.
To ensure that the owner has the exclusive right to use a particular common property car space, the owner must check the recorded Community Management Statement (CMS) and read the applicable 'exclusive use by-law' and plan to determine which car space is allocated to their lot.
To better understand the legal framework around exclusive use car spaces in your community titles scheme and the options for reallocating the use of car spaces between owners, please read the below:
Exclusive use car spaces
Each lot owner’s legal right to have exclusive use of their car space on common property is set out in the recorded Community Management Statement for their community titles scheme.
The car space remains on the legal title of the common property owned by the Body Corporate, but the Body Corporate has passed a ‘resolution without dissent’ to grant exclusive use by-laws that enable each owner to have exclusive use of their car space.
Those exclusive use rights under the exclusive use by-law cannot be removed or revoked by the Body Corporate without:
the owner’s consent in writing; and
a ‘resolution without dissent’ being passed by the Body Corporate at a general meeting to revoke/remove the exclusive use by-law; and
a new Community Management Statement being recorded with Titles Queensland showing that the exclusive use by-law has been removed/revoked.
Reallocation agreements between lot owners
Lot owners who have the benefit of an exclusive use car space under an exclusive use by-law in the recorded Community Management Statement for their scheme, are allowed to enter into private ‘reallocation agreements’ between themselves if they agree to ‘swap’ exclusive use car spaces.
If lot owners advise the Body Corporate that they have entered into a reallocation agreement, then the Body Corporate must record a new Community Management Statement reflecting the ‘swapped’ car spaces and any required amendments to the exclusive use by-law that grants the exclusive use rights to the affected owners.
Informal arrangements between lot owners
If lot owners do not wish to legally change their exclusive use car spaces through the above procedure and the recording of a new Community Management Statement, but wish instead to reach an informal arrangement to use each other’s car spaces on an informal basis, they can do so by private arrangement between themselves.
This kind of informal arrangement does not legally alter the exclusive use car spaces as allocated under the Community Management Statement and either owner may revoke their consent to the informal arrangement at any time.
Disclaimer: The above is provided by way of general information for general guidance only and is not intended to be legal advice.
References: Body Corporate and Community Management Act 1997