- This topic has 5 replies, 5 voices, and was last updated 13 years, 1 month ago by .
-
Topic
-
Are there any circumstances when permission can be given by Executive Committees or Strata Managers for any part of Common Property to be used exclusively by an Owner or Occupier? Eg sections of Garden or Visitors’ car space.
-
Replies
-
@SAM said:
Are there any circumstances when permission can be given by Executive Committees or Strata Managers for any part of Common Property to be used exclusively by an Owner or Occupier? Eg sections of Garden or Visitors’ car space.Basically, yes. You need a by-law (which has to be approved by 75 percent of those voting at a General Meeting) and the by-law has to state who has ongoing responsibility for the care of the common property. There should also be a consideration for payment of compensation to the owners corp on the basis of how much this adds to the value of the property minus the cost of creating the new garden or, in the case of a parking space, the legal fees. The cost of writing the by-law should be borne by the person who is benefitting from the exclusive use, although they can subtract that from the compensation they are paying the owners corp.
If the person benefitting from the exclusive use declines any of these elements: the by-law, the ongoing responsibility, the legal costs or the compensation, they should be told to take a hike. This should happen at zero cost to the owners corp with some compensation for the effective loss of common property, regardless of whether or not they use it in its present state.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
SAM just to clarify – as Jimmy said, the first hurdle for any grant of Exclusive Use is for ≥75% of Owners present either personally or by proxy at a General Meeting of the Owners Corporation to vote in favour, and where that percentage has to be calculated from the cumulative unit entitlements of those Owners / the aggregate unit entitlement for your Plan.
So actually, the answer to your question is NO, neither the Executive Committee nor the Strata Manager can grant permission for exclusive use.
Whale said
So actually, the answer to your question is NO, neither the Executive Committee nor the Strata Manager can grant permission for exclusive use.Except on a temporary and non-recurring basis.
@Whale said:
So actually, the answer to your question is NO, neither the Executive Committee nor the Strata Manager can grant permission for exclusive use.
I somehow managed to skip over the bit about Executive committees and strata managers so my answer, as Whale points out, should have been “no” – but the rest of my answer is fairly sound.
As we revealed recently HERE, the cunning plan of getting yourself on to the EC so you can award yourself free parking in perpetuity ain’t gonna wash. It has to be done by a by-law at a general meeting with no more that 25 percent of those voting doing so against the motion.
Good save, Whale, and technically absolutely on the money. Ever thought of being a third umpire for the cricket?
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
Just to clarify JGOWI’s comment, no – because exclusive use is not temporary and/or non-recurring.