Forums Common Property Shuttered out Current Page

#20408

Hi Tony

Compliance with architectural standards will nay get you so far i.e. the proposed shutters will be in keeping with look of the building. However, the issue is that, given the shutters must be attached to common property, you will require a by-law to be approved by special resolution at a general meeting giving you the privilege of use of this part of common property.

Section 52 of the SSMA states the following;

52   How does an owners corporation make, amend or repeal by-laws conferring certain rights or privileges?

(1)  An owners corporation may make, amend or repeal a by-law to which this Division applies, but only:

(a)  with the written consent of the owner or owners of the lot or lots concerned and, in the case of a strata leasehold scheme, the lessor of the scheme, and

(b)  in accordance with a special resolution.

 Part (a) above is the crux of the matter. The by law can be challenged (even if specially resolved and registered) if any affected owners do not give their written consent. An adjudicator is likely to deem that the neighbour is definitely a “concerned lot” given their view will be partially obscured as a result.