- This topic has 2 replies, 3 voices, and was last updated 9 years, 7 months ago by .
-
Topic
-
Our block of 8 units slopes from the street to the back. Our unit is at the back of the block and because of the slope, is about one storey above the common grassed area below. I wish to attach a set of stairs from our balcony to the grassed area below, which is not used by other unit owners. Do I need a special resolution? I hope not because two unit owners will not agree, despite the fact it does not affect them.
What can I do?
-
Replies
-
Both your balcony and the ground below are common property. You will probably need a special resolution by-law which should include a clause saying that you and subsequent owners of the unit will pay for repair and maintenance. You will also need council planning permission.
If your neighbours don’t agree, you could go to the Tribunal seeking an order compelling the owners corporation to approve it.
It’s theoretically possible but I wouldn’t bet my house on it. A better option might be to offer the owners corp money for the use of the common property so they have an incentive to agree.
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.
If you can get the numbers to be 6:2 then you will have come very close to the ‘fewer than 25% opposed’. In the ACT that would be a pass for a special resolution since here we need fewer than a third opposed. I’d say there is a fair chance the Tribunal would ‘give effect to the failed motion’ if you have demonstrated that there is 75% approval and the two opposing cannot demonstrate any detriment from the proposal.
BTW. Do all the units have the same unit entitlements? If the two who oppose have fewer entitlements than others then their opposition could add up to less than 25% if you demand a poll vote. That is when votes are weighted according to unit entitlements.