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This sounds peculiar. As mentioned, surely, they’d first need Local Authority permission. You’d think the location of plumbing and services, as well as things like bedroom window provision would come into it, as well as minimum allowable floor space per the number of bedrooms. Things like this matter, otherwise you get folks trying to convert their lock-up garage into a bedsit or convert a one bedder into a 5 bedder if they can get away with it.
Unworkable and nuts. If it’s common property which it is it’s not your worry, it’s your body corp’s. What you may need to fight them over is what it all looks like when it’s done. As you say, it may devalue your property should they do something that doesn’t do justice to the visual if they feel they can just do whatever cheaper. Sure shows little wisdom for the look and affect of their own properties as well. Man, some folks are silly on these things.
I’d call the local council and get them to prove that the road is there’s or not, and where the signed area starts and finishes. They are not always right but if you could have them meet you on-sight to show you and then seek this in writing you will know more than you do now by an independent, qualified voice. Brisbane City Council have done just that for me as a straightforward response. Doing it on the phone will save you time. If you are right you can get your SC to then contact the same council officer and that should settle it, or if you are in fact wrong you can make your own changes. Either way taking control of it tends to empower you and helps bring it to a speedier conclusion. Good luck!
What reasons do you think have caused this issue to start with? Can you address these directly or indirectly so he get’s over himself and shuts up? It’s certainly unpleasant for you by the sounds so seeking out a fast, quick resolution to make this problem go away is what you are obliviously after.
What state are you in? All states differ. In Qld you need to have your Motion in about 2 months before the AGM date (the committee only 1 month) so these can be included in the guff that gets sent out to owners who may not be intending to front at the AGM. Motions need to be concise and essentially a yes or no proposition that is legal to begin with and do-able, there usually is a word limit, but you can add in further guff as Explanatory Information without word limit, including quotes, pictures and what ever else to support your case, and stating your reasons why is probably most important – obviously you have a preferred outcome so focus on highlighting the benefits and go light on the negatives but maybe include a few for more apparent balance (but let opponents do their own homework). Check out your state’s legislation on this, certainly Qld has some good concise info about this online.
I like to send it late in the piece so not ambushed by any committee or others but not too late that you can’t get it reviewed by your bcorp manager who should be agnostic to its content or outcome and advise you if any changes are required to ensure it is acceptable.
Also, tell a few allies of what you are up to and seek their support to help encourage the numbers to go your way. Good luck!
When the owner put any change desired to the Body Corp AGM he was obviously aware there was a need to do it that way, it was knocked back and grounds would have been given. Now to go ahead he is likely just trying it on because he’s a dill, or your committee haven’t earned respect. Your body corporate manager should have been over him like a rash in this and the other incident you mention but obviously haven’t been directed to by your committee. So they need to be or they themselves become the issue. Essentially buying into a complex is a team sport with some a little more front foot than others, and many and most just not that interested or are happy to remain ignorant. Either way doesn’t matter while there are minimum standards and limits to what folks can do. There’s nothing stop the precedent of anything goes otherwise. Id’ consider asking your manager for the piece of legislation (Act or By-Laws) that applies, and apply it.
You should have a copy, or get one, of your own (live-)by-laws, read it and find the exact point that you feel is being breached, seek a bit of confirmation from someone who can confirm that it is, then write to the committee advising them that the complex’s by-law (quote it) is being broken and then it’s up to them (as per the Act or other legislative obligation) to please address on everyone’s – not you specifically, behalf and have this corrected. It might also be worth adding reasons why this impacts you, and what you intend to do and when should things not be corrected in whatever time frame you reasonably suggest. Most things get taken more seriously if you get your head around all your options and present a proper way forward to your Committee, and if they don’t do their job you are more ready for outside action should it come to that. Good luck with it all.
That horror story you relate above Jimmy is what you want to avoid by not immediately going to the cops if you or your OC can address it internally first I guess is what I’m saying. …Man, America sure has some, don;t they?
Don’t issue threats but like most things you should start with the basics if you can, many folks don’t want to go to police as it’s a hassle, fear it may really escalate things, and they don’t want to have their name on any public record. I always think in order to ‘make my problem go away’ you should try the ATM method a security guard told me he uses: Ask them, Tell them, Make them, using whatever is appropriate, lawful and will lead to getting the problem resolved.
You’d think this was in the Committee’s owner’s interest to get to the bottom of this, as potentially everyone is now using the wrong cage. Someone punted you, you want to punt someone, they will likely then want to punt someone. Manh, some Committee thinking is stupid.
I’d think you (or a friend/relative/local hitman) should address this directly with the person if you feel safe to do so, be firm and tell him it is not on, and what you want him to now do/not do and that the police will be advised without notice to him should it ever happen again.
I’d also advise the OC of the situation in writing and ask how they can help you (or if you can, tell them what you require them by law to do – as a minimum it is likely breaking a by-law).
Having others aware of the situation will allow others to look out for you and may bring out others who have a similar situation, or can further enlighten you as to the person’s motives – he might be a known creep or a misguided mentally disabled person – who knows for sure?
I’d also document the goings on so you can as appropriate take it to the police.
All up, it seems a sad imposition if you are forced to move by the actions of another tenant so see if it’s possible to fix it great, if not, you might be right in moving. All the best, C.
Change is inevitable I guess, but I’m glad to see that area change, the human carnage was a tragedy.