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Topic
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Several AGM’s ago we approved a licence agreement to rent CP and for the Strata Manager to execute same. At our most recent AGM a revised licence agreement was put up and this was defeated. No motion to rescind the original licence agreement has been put up.
Question : is the original licence agreement, previously passed, still in force ?
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Replies
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In my opinion Yes…(1) unless the Licence was not properly executed and/or (2) one of the Conditions was that the Licence to Use Common Property had an expiration date and that date has passed.
65B Owners corporation may grant licence to use common property
(1) An owners corporation may grant a licence to an owner of a lot to use common property in a particular manner or for particular purposes if the owners corporation has approved the granting of the licence by special resolution passed at a general meeting of the owners corporation.
(2) A licence may be granted subject to terms and conditions.
Note : Division 4 of Part 5 of Chapter 2 enables owners corporations to make by-laws granting exclusive use rights and special privileges (including licences) in relation to common property.
See here for some info (albeit from Victoria) that may help you: https://www.strataconsultants.com.au/quick-guide-to-leases-and-licences-over-common-property/
See here for an NCAT decision invalidating a Section 65B licence for car spaces on common property due to the licence being in breach of the SSMA and the EPAA: