Stoush over carpark rule changes

The recently-completed private carparking building opposite the Queenstown Events Centre. PHOTO:...
The recently-completed private carparking building opposite the Queenstown Events Centre. PHOTO: SUPPLIED
The developer of a soon-to-open private carparking building opposite Queenstown Events Centre faces a backlash from owners furious he is trying to change their contracts.

Sydney-based No.1 Hansen Road Ltd director Eli Shellim has advised owners — who’ve paid between $105,000 plus GST and about $190,000 for their spaces — their cars would need to be parked using a valet service.

That service would be included in a budget of about $5950 in the first year, rising 5% a year thereafter.

In another "change in purpose", owners would not be able to lease or sublet their space and storage locker to third parties, and would have to give the company first right of refusal if they want to sell.

Owners will also not be allowed to have more than two carparks — affecting one owner, in particular, who bought four.

Auckland lawyer Mark Hornabrook, who heads a "support group" of about 18 owners, has written to Mr Shellim demanding he stick to the contract terms.

"I did not contract for, and do not need, a valet service. I certainly do not want to abrogate my right to lease or sublet the carpark to third parties.

"I do not want my right to re-sell the carpark restricted by a first right of refusal.

"If you were looking for a headline it would be ‘Aussies screw the scrum’, because that’s exactly what’s going on here."

He suspected the changes stemmed from the developer needing to make up a funding shortfall for a building he admitted was 15 months behind schedule.

Mr Shellim said he wanted to "make every purchaser happy".

He admitted his letter to buyers "came off harsher than I intended".

"While many purchasers have visited the carpark and have been excited about the offering and accepted the changes, there are some who find them unacceptable, and we are working directly with [them] to accommodate any concerns they have, as best we can".

Nobody was being asked for more money to recoup any cost increases. And anyone who had bought more than two spaces could now keep them.

The valet service would not now be compulsory, either.

The first right of refusal was better described as a courtesy to give the concierge, grooming and vehicle park leasing service the opportunity to buy the space and offer it back to the public for short-term leasing.

— Philip Chandler

 

 

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