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Hi wise hive!
There are 15 apartments in the building, the front 10 all have balconies, the rear 5 do not. Four of us (rear owners) are keen to have balconies, only one is desisting. We would like to apply the 75% rule, but were advised by strata:
“You can’t force someone to pay for a balcony that they don’t own to pay for.
This expense would not be a body corporate expense therefore the 75% vote would not be enforceable here”.
Can anyone say if this is correct or a way around it?
Many thanks
Regards
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That’s partly true – if you want to add a balcony, then it would be at your expense. Why should the OC pay for it?
So what you would have to do is seek OC approval for you to add a balcony which you are paying for. If the OC gave its approval, you would need to put a special by-law in place making you responsible for the balcony. To that extent it wouldn’t be common property.
The resolution to approve that by-law would be a special resolution, i.e. 75%.