Topic: Can we repeal an exclusive use by-law? – FLAT CHAT

This topic has 2 replies, 2 voices, and was last updated 12 years, 5 months ago by .

Creator

Topic
20/04/2014 at 3:50 pm #9463 Reply | Quote
BondiLocal
Flatchatter
Our unit block has 30 units. Back in 1985, the 2 units on the top floor were granted exclusive access to the common property adjacent to them, being part of the roof of the other units. This was done by way of a by-law, for no consideration.

Since 2007 the owners of both the top units have caused nonstop trouble and expense for the Owners Corporation, with illegal additions being built and parties being held on the roof.

(When Council told the owner to remove the illegal extensions, the owner sued the OC for failing to give consent. After paying lawyers a lot of money, the OC finally settled the matter by agreeing to consent to the existing works provided the owner was personally liable for them)

The EC is sick of the hassles and worry over future illegal activities on our roof.

So my question is: Can the OC repeal the by-law that gives exclusive access to the roof area in either case: for the unit owner who has the illegal works, or the other unit owner who hasn’t (yet) built onto their unit on our roof?

Thanks for any advice
Creator

Topic

Reply To: Reply #21426 in Can we repeal an exclusive use by-law?

PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.