Private Property on Common Property

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  • 26/07/2017 at 5:39 pm #11262 Reply | Quote
    LawoftheLand
    Flatchatter

      Hi,

      Can the S/C vote to over-ride a by-law?

      This is in relation to private property being placed upon common property. I am in NSW and this has been an on-going issue with one committee member who has stated to our Strata Manager that the Committee has previously given their approval to place the property (albeit temporarily & regularly – really when they want to) on common property.  No permission was given at all – as far as I am aware.

      And if the answer is no, then does the particular committee member need to apply to have the by-law altered? If so – this would give carte-blanch to all and sundry to leave stuff all over the place – wouldn’t it?

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    • 26/07/2017 at 9:43 pm #27725 Reply
      Anonymous

        I highly doubt it. But then again, an SC can in reality do whatever it pleases and hope to get away with it if the SM is onside. The O/C collectively can overturn a SC decision.

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        27/07/2017 at 10:40 am #27731 Reply
        g-g
        Flatchatter

          My understanding is that an SC cannot over-ride a bylaw, rather it is obliged to uphold bylaws.

          This was just the matter I took to NSW Fair Trading very recently – resulting in superquick compliance. All parties were also aware that my next step was to request a fine/dismissal of SC/SM.

          Others on this forum will have the legal references.

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        Reply To: Private Property on Common Property
        PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.

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