[esb]

Hi,

I guess I didn’t make my question clear.

The management agreement includes a clause that appears to try to override Section 50 in that it states that the agreement “remains in force beyond the term” without any action by the committee.

My point would be that I don’t believe it’s valid for a management agreement to try to override the legislation with it’s own rules, as the inteneded outcome of this clause is that once the original term expires, then the agreement just keeps going without any action on the part of the owners or the committee.

[esb]

TrulEConcerned wrote:

In addition to the suggestion by Jimmy-T, you could go to your local council and ask to speak to someone about the history of the strata plan.

I’m not sure it matters. If the sail is a fitting or fixture, would it necessarily be on the original development application? There’s also a possibility that it was installed at a later date by the developer, as they took a long time to sell the units on the top floor (18 months).

In any case, if there’s no by-law in place to pass the responsibility of the maintenance to an individual lot owner, then it must, by default, remain the responsibility of the OC.

[esb]

This is a NSW Strata Plan. The building was constructed and registered around 20 years ago.

I suspect the shade sail would fall under the category of fixtures and fittings as far as Common Property goes.

[Author]

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