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2014 and the nonsense continues — copy of BCA exec minutes landed in my inbox over Christmas noting that they had conditionally approved my application for shutters on basis that quote — ” requires 100 per cent approval from all those affected” is this even legal ? Interestingly we have not been informed of this decision by our own SP exec , who had I understand sought their own legal advice .
Magic advice JimmyT – thank you so much I will action asap and keep the forum posted. PS : – This site is an invaluable resource and I will be a strong advocate for it in the future – Many thanks and Merry Christmas
Hi JimmyT,
Thanks so much to you and Whale for the detailed and thoughtful advice – new to apartment living so very much ‘a dolphin in the shark tank’ so to speak …the additional complication in this matter is that there is an overriding body that manages the entire estate – the Community Association Executive upon which my neighbour sits as an an executive member representing our SP.After 6 months of deliberations within my own SP – I had to then submit written plans and architect approvals to this body for approval before resubmitting it to my SP for a special resolution . For the past 3 months the CA has deferred my application claiming there are so called inconsistencies in their own architects interpretation of the standards and hence my matter has been deferred until they seek further legal advice. Hence as I understand it by not rejecting my application i am not entitled to commence any formal action e.g. mediation as a decision has not been made. Further my own SP has sought their own legal advice in reference to the rights of my neighbour to stop a majority vote where he realises he is a relatively lone voice within the complex.
I am considering commencing a community campaign across our Estate with leaflets – billboards etc informing them of the situation so as to apply some pressure to the CA in the unreasonableness of their position given the circumstances any thoughts ?
Hi Flat Chat Mate
Very much appreciate your input as to the relevant provisions – does this mean any concerned lot can basically stop any proposal irrespective of precedents or majority of other owners within the SP. Further how is the validity of ones argument measured – eg if one obscures 15 % or less of ones view does this equal the same level of concern as someone with a loss of 100 per cent. Further , it would be unlikely in the purchase contract that their be say a clause guaranteeing unrestricted views . Finally how does ones right to privacy and use of their own lot , precedence within the SP etc weigh up over a single lot owners concern and therefore right to veto ?? What would one see as best next steps ?
Thanks so much for the heads up on this Scott and Paul – the situation has somewhat of a further complication as our SP is part of a Community Estate that has its own Community Association Executive that oversees the entire estate. My neighbour is our SP rep on the Community Association Executive. As a result our own SP exec required me to get approval from the CAE – they then challenged their own scheme architects and have told me that my shutter application is deferred indefinitely until they reconcile the so called inconsistencies. Meanwhile 9 months have elapsed – since our original application 6 months seeking approval from our own exec and 3 months with the CAE … I can only draw the conclusion that our application is being intentionally derailed just not sure of next steps – Our balcony is virtually unusable in the hotter months .. we have complied with each request , Several apartments have enclosed their balconies in exactly the same way , the neighbour objecting himself has a shutter yet we are being told that the SP has had legal advice and they are not bound by precedence .. we are being frustrated at every turn !
Am currently in dispute over addition of a sun screen (shutter) to the left elevation of our balcony that has been approved by the scheme architects for our community. Unfortunately my neighbour who is on the executive has raised an objection saying it will partially impede his water view through my balcony and that he has legal advice that indicates that his objection would override any proxies or consensus by other members of our strata plan. There are 30 lot owners in our SP. Can one individual block another lot owner regardless of precedence , compliance with architectural standards etc ?? – See more at: http://www.flatchat.com.au/forum/participation/1-14-end-to-proxy-farming-or-harvesting/#p10812