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A reader recommended that I write to you about an urgent matter regarding our 2 bedroom unit in Barton, ACT. We bought the unit in 2004. About 3 years ago my wife and I converted our unit into a Self Serviced Apartment by spending about $28,000 in furnishings (furniture, TV, homewares, curtins, drapes etc) to bring it up to a high standard. Recently we signed a 12 secure tenancy agreement with our Agent who subsequently leases the unit to corporate people at higher rates. Unbeknown to us the Body Corporate Committee passed a motion last September, 2012 banning the leasing of units in the complex as Self Serviced Apartments. We were unaware of this motion as we did not attend this meeting. The question which seems to have stumped everyone including the Strata Manager is whether this motion applies retrospectively to our situation. Is there a legal basis for applying this motion to our case, having spent so much money furnishing our apartment much prior to this motion being passed?
We can understand why the Body Corporate want to keep the place peaceful but we always had fairly quiet, orderly tenants.
Our Agent has given us to 22 October to resolve this issue otherwise the long term tenancy agreement will be withdrawn.
Could you please help us by advising on how we stand legally.