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Topic
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As the Roof Terrace is common property, without consulting and getting approval from Unit Owners and without a bylaw registered, the OC approved the request for installation of a satellite dish despite having informed the OC of the legal obligation. In such a situation, what can be done? Can anybody help!!
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Chak, I assume it was the EC who approved the dish against the OC wishes?
Generally, the EC can approve minor works – especially maintenance – (under $12K) to common property without seeking OC approval, however, a good EC will always seek to keep the OC informed and would want to act based on the wishes of the majority.
The key to the answer lies in whether the satellite dish is available for everyone in the building to connect to, or has it been installed just for one unit owner only? If the latter, then there is a serious issue as that owner is in effect using common property to his/her advantage and a bylaw would definitely be needed.
Chak is correct, but there’s one further scenario.
In situations where the satellite dish is providing Pay-TV services (e.g. Foxtel), even to one Owner, the dish is usually the property of the Service Provider, and Executive Committees (on behalf of the OC) often enter into Service Agreements with these Providers that indemnify the OC by amongst other things stipulating that any damage caused to Common Property during the installation/removal of satellite dishes and all on-going maintenance and repairs of them are the responsibility of that Provider.
However as Chak has said, IF the satellite dish has been installed under any other arrangement, such as to receive overseas-based TV programs, then your OC would first be required to properly resolve (at a General Meeting) to permit such installations, which constitute an alteration / addition to the Common Property, under the conditions contained in a Special By-Law approved by >75% of Owners present personally or by proxy at that Meeting.
If the preceding paragraph is the situation, you need to write to the Secretary of your EC and inform them that the satellite dish installation is illegal under the Provisions of the NSW Strata Schemes Management Act (Ch3, Pt2, Cl 65A & B).