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Hi,
I am looking to purchase a small piece of common property with the intention of enclosing and integrating into my lot. Our strata manager has provided advise throughout the process so far and I have obtained a valuation and had plans drawn up for the integration.
I now need to submit a motion for the AGM, can you please provide some advice on wording and what needs to be covered? Is it correct that I require at least 75% or lot owners to vote in favour of the motion in order to carry? While I am not expecting any objections, many lot owners are absent and do not participate in building matters.
Once the motion is approved I will purchase the space immediately, however, it will likely be 2 years before I start the process of seeking council approval and starting works. At what stage would the building need to redistribute lot entitlement to reflect the change?
Thanks in advance for any assistance!
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Are you sure you want to buy this patch of common property or would an exclusive use by-law (that could still involve a payment but wouldn’t require a redistribution of Unit Entitlements) not be a simpler way to go?
In any case, you only require 75 percent of those voting at a general meeting to be in favour so I wouldn’t worry about those who won’t be there – unless someone harvests their proxies specifically to stymie your plans.
The by-law required to either sell you the lot or give you exclusive use of it will have significant legal implications so your next call really should be to an experienced strata lawyer who will also answer your questions about delaying the application for a DA.
By the way, I wouldn’t think that will be an obstacle in itself, provided the Owners Corp is in favour of your plans. But don’t assume their agreement to sell or lease you the CP represents approval to do what you are planning – that should probably be dealt with separately.If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.