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Topic
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I am an owner in a block of 18 units. Our building has 3 foyers providing access to 6 units each. The foyer in my part of the building has a vacant room nestled underneath the stairwell. This room was crammed full of discarded furniture and building debris when I bought into the scheme around 6 years ago. After notifying the residents via the body corp, myself and another owner cleared the refuse from this room, it has laid vacant ever since. It has a door with no lock.
I wish to apply to the body corp for exclusive use of this area but am unsure of just how much information to put into my request. Can you advise?
Thanks
Sarah
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Replies
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Hi Sarah
To formalise the use of this part of common property you may want to arrange for an exclusive use by-law assigning the rights to this part of the common property to you.
Firstly, you should approach the owners corporation to see if they are willing to assign you the rights to this part of common property.
If the owners corporation are happy for you to have the rights to this space you can have an exclusive use by-law prepared to put forward at a general meeting of the owners corporation.
The exclusive use by-law must be drafted accurately and clearly. The by-law can refer to the strata plan to describe the location and measurements of the common property area to which exclusive use rights are being requested.
Kind regards,
Simone Balsara
Lawyer
TEYS Lawyers
The Strata Law Experts
02 9562 6500JimmyT here, Jude. 75 percent in favour – or more accurately, no more than 25 percent of those voting against at a general meeting of owners – will get this past. In a tight vote, you can ask for a poll, meaning Unit Entitlements rather than just a show of hands come into play.
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Sure Sarah. Please send me an email and I will forward the information sheet to you.
Kind regards,
Simone Balsara
Lawyer
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TEYS Lawyers
The Strata Law Experts
02 9562 6500