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Hi there,
this is a tricky one and I would like to get some advice…
We recently had some major rectification-work to a roof top terrace that is adjourned by several units of the complex. During this work an existing pergola (roughly 3.5mx3.5mx3.8m, shown in approved DA plan) needed to be removed.
This pergola was not visible to anyone of the adjourning units. The builder and the chairman of the executive committee thought to have found “a better location” and re-erected the pergola in front of 4 Units. No owners of these units have been informed of this (no plan, no letter, no email…)
As I am the only owner/occupant, only I noticed this and complaint. My complaint was rejected by the committee, I was told that this is common property and they can do whatever they want… all I ever heard was “the builder advised….”
I explained this to council which said that this kind of change would have required a DA application. It is now up to me to sort this out as I have no support whatsoever from the EC. I know that I could hand this to Fair Trading but would like to have some good advice as I value good neighborhood. Many thanks in advance.
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MickiB – what your Executive Committee (E/C) has done on behalf of the Owners Corporation is to alter the Common Property, or maybe in the opinion of the Chairman to improve the Common Property.
The E/C is quite entitled to do that …… provided it first puts it’s proposal as a Special Resolution to a General Meeting of the Owners Corporation, where a minimum 75% of those Owners in attendance in person or by proxy need to vote in favour in order to pass the proposal, or conversely 25% can vote it down.
Refer your E/C Chairman to clause 65a of the NSW Strata Schemes Management Act (1996), and politely ask when the Secretary plans to prepare the DA, to convene the General Meeting, and when the pergola is going to put back in its original location in the interim.