Hi Pauline and other forum members,
We need to be careful in our exchanges in regards to what weight anyone gives to advice (including mine) from the forum. I am concerned with some of the exchanges on this issue. I think an important point has been missed by all.
Am I right in suggesting that the Duplex development is not a registered Strata Plan, its seems to be some other form of Land Title registration. If this is correct then holding AGM, EGM having bylaws etc would have no inforceability at all, all of these issues are given inforcement powers under the Strata Scheme Management Act, but only if the Title registration is as a Strata Plan (Scheme) so if I am right, at best what you have done is simply applied a system that both Owners are happy with to help deal with the issues, however in my knowleage and experience I don’t think either owner would be able to enforce them (this point may need to be reviewed by a Solicitor). It may be worth while for the Owners to seek legal advice to how they can set what they have agreed to into a legal document so if they sell on to future owners the new owners will need to continue to apply the agreed joint policies etc.
However what concerns me most is what is the Land Registration details on the property, the issue for me is simple and that is, so long as both owners have sought advice that they have the freedum to sell etc, then its all good. It would seem to me that both Owners have done there due diligence in regards to this and if so, the rest of us should respect that.
I hope this adds a little clarity, and congragulations on having the good sense to form a friendly and co-operative relationship in managing your Duplex homes..