1. A registered surveyor should prepare a strata plan of subdivision to create 2 new lots (ie lots 5 and 6)
2. The strata plan of subdivision requires the approval of the following parties:
3. The consent of the Owners' Corporation is not required. However the Certificate of Title for the common property should be produced in Land and Property Information (LPI) to permit registration of the plan.
4. If either of the lots concerned is owned by the original developer, then a certificate from the Owners Corporation should be furnished with the plan, certifying that either:
5. Lodge plan for registration in LPI (appropriate lodgment fees will apply).The Certificates of Title for lots 1 and 2 and the Common Property should be produced in LPI to permit registration of the plan
6. Registration of the plan results in the desired car spaces forming part of the relevant lot. However as the plan does not resolve the ownership of the car spaces, reciprocal transfers from each of the lot owners of their former car spaces should be lodged with the plan.
Note Transfers will require marking by the Office of State Revenue prior to lodgment in LPI
7. Any existing mortgage on the title of the two lots would also need to be addressed.
Less desirable alternatives to this would be for the lot owners to lease their car spaces to each other or to create reciprocal easements over each others car space. Neither of these actions would result in a change of ownership of the car spaces.
A resolution of the Owners Corporation is not sufficient to swap the car spaces and the Owners Corporation can not create a By Law to swap car spaces that are parts of lots.