Topic: Developing common property for exclusive use – FLAT CHAT

This topic has 5 replies, 4 voices, and was last updated 13 years ago by .

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18/08/2013 at 6:58 pm #8991 Reply | Quote
Luke
Flatchatter
I own in a block with 21 lots. 20 lots are 10 year old units and there is a commercial property which is a heritage building (attached terrace). They have the largest unit entitlement.

The owner of this lot has submitted a plan to the owners corporation to renovate the terrace. There is a by law to be voted on at our next AGM relating to this development.

My biggest concern is the creation of a verandah on the first floor. There is currently 2 Juliet balconies (total 4m2) and the proposal is to create a balcony/ deck which is approx. 18m2. 12m2 of this structure will be built on top of the ground floor roof (which I still believe to be common property) and 6m2 will be built over the top of common property.

There is nothing mentioned in the By-law information about developing common property and giving exclusive use.

My questions are

1) Can the owner legally develop on common property? Would this effect strata plans, unit entitlement etc.

2) Would they have to pay compensation to the owners corporation and what is an appropriate amount?

3) would it be best to give them approval and then pass an exclusive use by law?

Thanks
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Reply To: Reply #19253 in Developing common property for exclusive use

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.