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Topic
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Hi,
I am on the EC and been approached by a tenant asking to install a trampoline on a strip of common property. I am not against the install, but am worried about (1) use of the trampoline by one tenant only (they will lock it when not using it), & (2) where does that leave the body corporate with regard to injuries or other insurance claims by users of the trampoline?
Many thanks for your thoughts
Terry
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Replies
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TerryC said:
Hi,
I am on the EC and been approached by a tenant asking to install a trampoline on a strip of common property. I am not against the install, but am worried about (1) use of the trampoline by one tenant only (they will lock it when not using it), & (2) where does that leave the body corporate with regard to injuries or other insurance claims by users of the trampoline?
Many thanks for your thoughts
Terry
In the ACT, granting a 'special privilege' for one owner or a subset of owners to have exclusive use of an area of common property requires an unopposed resolution. I think it is a special resolution in NSW.
I think the OC would be right to be concerned about liability for something it permits on common property.
What will be next, after the trampoline? A jacuzzi?
As someone recently said, somewhere in Flat Chat, this sort of thing gives the impression that 'anything goes'. Or give 'em an inch and they'll take a mile.
I say 'no tramp', but wouldn't installing one require a Special Resolution at a General Meeting anyway?
Urban Spaceman said:
I say 'no tramp', but wouldn't installing one require a Special Resolution at a General Meeting anyway?
I'm with the spaceman, the trampoline is adding something to the common property – needs a special resolution and if the OC is going to bother with a SR motion then it might as well be for special privilege and all the fun that would come with that.
Trampoline on common property without any resolutions- not a good idea if anyone has ever watched Funniest Home Videos.
Congrats on being the first member to hit 200 posts, BB.
And on the question in hand – this is a request for exclusive use of common property. It requires
- a special resolution for exclusive use (with legal costs paid for by the trampolinist)
- an agreement to insure all users (or at least accept full responsibility for any injuries)
- rent for the use of the space
Failure to provide any of the above and the idea should be bounced.
JimmyT
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