Topic: Exclusive Use Of Common Property – FLAT CHAT

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29/03/2015 at 8:30 pm #9972 Reply | Quote
pend1lis
The OC of our strata plan granted exclusive use of common property to two lot owners allowing them to build a lift on either side of our building (2 lifts in total). They rent the common property (and air space) from the OC and paid for the construction of the lifts themselves. There is a special Bi-law they had drawn up covering this.

At an AGM, it was indicated that they would cover the cost of the build of the lifts and then allow other owners to ‘buy in’ to them if they wished to do so.

They have set the ‘buy in’ amount themselves, without consultation with the OC or even the EC. None of these conditions are mentioned in the Bi-law, the Bi-law doesn’t indicate who has the right to set the buy in amount or the condition of buying in.

There is a tenant wanting to buy in at the figure they have proposed however they are refusing to allow them to do so until everyone else agrees to buy in also. They want to charge this one person 1/3 of the construction amount (but the figure they have supplied is above a third of the cost).

Do they have the right to do this? Can the special bi-law they have be repealed or altered?

What are our options?

Thanks for your help
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Reply To: Reply #23372 in Exclusive Use Of Common Property

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