Multi-function building (28 Latrobe Street) Q&A
The multi-function building at 28 Latrobe Street is often misunderstood. This Q&A helps to answer your questions.
Ownership | ||
Who owns the building at 28 Latrobe Street? | The multifunction building at 28 Latrobe Street is owned by hundreds of individual owners forming part of three Owners Corporations. It comprises:
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Who owns the ramps leading to Latrobe Street and Mackenzie Street? | This is is common property owned by Owners Corporation 4 which comprises dozens of owners. | |
Who owns the boom gates at each entrance? | The small island space accommodating the boom gates is owned by the Lot 6 owner (commercial car park space). The boom gates are likely to be owned by the car park operator. | |
Can 28 Latrobe Street be sold to enable future development? | 28 Latrobe Street acts as a sunlight buffer for apartments next to it. The Subdivision Act 1988 requires 100% of owners to approve the sale of common property. Many owners from Owners Corporation 3 have already expressed strong opposition to any such proposal. 28 Latrobe Street is located in the World Heritage Environs where only modest development is likely to be approved so it would be unattractive to any serious investor or developer. A significant setback would be required to enable sunlight into apartments to the east and west of the site. | |
Operation | ||
Can the Lot 6 owner or car park operator block the ramps leading to the entrances/exits? | No. This space is common property owned by Owners Corporation 4 and the car par operator nor the owner of Lot 6 has permission to block these ramps without prior permission from the Owners Corporation. | |
Can the Lot 6 owner or car park operator block an owner or their tenant from entering or leaving the car park? | No. In Victoria, it is unlawful to block an owner access to their property. The Lot 6 owner has permission to operate a commercial car park subject to never restricting owners access at any time. | |
Can the Lot 6 owner or car park operator use common property for their own benefit? | No. Common property cannot be used to benefit an individual private owner with a special resolution required by Victoria laws. This includes erecting advertising signs, installing recycling collection machines, adding park spaces or installing new infrastructire. | |
Can the Lot 6 owner or car park operator undertake works on common property without permission? | No. Any works such as painting and repairs need to be lawfully approved by the Committee of the Owners Corporation and recorded on recorded before any works are undertaken. Any unapproved works will be deemed a gift to the Owners Corporation without any expectation of reimbursement. | |
What time does the car park close? | The car park roller doors automatically close at midnight. The Lot 6 owner has permission to operate a commercial car park subject to operating no later than midnight. Due to the level of crime experienced in the car park including regularly vehicle break ins and property damage, this arrangement is highly unlikely to ever change. | |
What additional rules apply to 28 Latrobe Street? | There are two agreements registered on all 29 Latrobe Street property titles under section 173 of the Planning and Environment Act 1987. These are additional rules that relate to the operation of the building, and enforceable by Victorian laws. | |
Other information | ||
How can we stop the building exterior from being vandalised? | The building is littered by vandalised external walls which invites undersirable individuals to the building. The City of Melbourne often assists with removing such unlawful paint works. However, removing it will be a waste of time and resources if mitigation measures are not put in place to discourage it from happening again. For example, the Owners Corporation can phase in the installation of low cost screens or grills to stop intruders from hanging outside our building. We current have easy to access opernings. This may take a staged approach over many years which means the works need to start now. | |
Who should pay for the new anti-vandalism measures? | If the security grills are installed on the external walls, Owners Corporation (that's every owner in the complex would have to pay). If the grills were installed from the inside, it would be on Owners Corporation 4 land so costs would be attributed mostly to the Lot 6 owner. This would be the fairest approach because the public nature of the commercial car park appears to attract vandals. | |
Why are there Visy recycling machines on land owned by Owners Corporation 4 and is it receiving revenue from the machine? | Owners Corporation 4 does not appear to have approved the installation of these machines next to a busy vehicle thoroughfare. According to online information, the person who signs the lease receives all money earned by the machines. Owners Corporation 4 does not appear to have received any rental or revenue from these unapproved machines. The Owners Corporation can take enforcement action on those responsible. |