#27369
Jimmy-T
Keymaster

    Ha!  That would require an agreement to a coin-toss.

    Section 232 (1)(a) allows an NCAT adjudicator to make a ruling on a dispute related to a function of the Act.

    My reading of the Act is that this would probably come under Section 111 – major renovations – because, although changing the fence is actually a minor renovation (section 110), technically it may come under major renovation rules requiring a special resolution by-law, because it affects the external appearance of the scheme.

    Interestingly, if I am right, replacing the fence with like for like would be a simple process that wouldn’t require approval while changing its appearance would require a 75 percent vote.

    Anyway, that gives you your avenue for an NCAT decision, but I would put money on them saying “no change” simply because the owner in favour of change doesn’t have the required votes.

    There is probably also a by-law requiring owners to maintain the appearance of their lot.  You could use that to drive the issue to NCAT and get a definitive result.

    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.