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#20552
kiwipaul
Flatchatter

    @Tony said:
    2014 and the nonsense continues — copy of BCA exec minutes landed in my inbox over Christmas noting that they had conditionally approved my application for shutters on basis that quote — ” requires 100 per cent approval from all those affected” is this even legal ? Interestingly we have not been informed of this decision by our own SP exec , who had I understand sought their own legal advice . 

    No I don’t belive this is legal UNLESS their is a bylaw requireing 100% approval (and I even doubt if this was property registered it would stand up as it conflicts with the act).

    Take a look around your estate and see what alterations others have done and then check the bylaws for SR relevant to those alterations. Also check minutes of GM and EC meeting to see what others have been granted permission to do (especially this objector).

    Strata have to apply the rules even handedly and so cannot deny one person permission whilst granting it to others (without a very good reason).

    You can use these unapproved alterations in your case at CTTT to show the unreasonbleness of the objections. Also if a neighbour had to give approval for any building that affected their view the building industry would grind to a halt.