[pend1lis]

Thanks for taking the time to respond. 

We have been in consultation with a strata lawyer from the beginning and we were the ones who requested the independent expert after attempt to come to a mutually agreeable outcome failed. We are now in the process of finding a valuer who specialises in this area. Keen Property have been recommended to us.

We know this is a matter that affect all the unit owners, however we have been told by our strata manager that it is a dispute between us and the lift owners and doesn’t involve the Owners Corporation. Which I find very odd.

Hopefully we will reach a resolution very soon.  

[pend1lis]

Thanks so much your response. 

It appears our OC passed two by-laws by special resolution at an EGM. One relating to the exclusive use of common property (to construct the lifts) and the second relating to their obligations to maintain them, along with being compensated when allowing access to other owners. It seems the latter of the two by-laws was never registered as it doesn’t appear on a title search with the other two special by-laws for our scheme. Otherwise it appears to By-laws registered and drastically different from those that were voted on. 

My question is, if this by-law was never registered and there are no conditions set our for use of the lift by other owners (and how much the original owners need to be compensated for), how to we go about setting guidelines for this? 

Is the OC now able to draft a special By-law for this purpose (only needing 75% of votes to pass our proposed way of compensating the original owners), or do they still have the power to do this between the 2 of them. Basically who would now have the upper hand on this issue if the other by-law wasn’t registered?

Thanks again for your thoughts.   

On a side note: the legal advice obtained by our OC was from the same lawyers who drafted the special by-law for the 2 owners to obtain exclusive use of the common property. 

[Author]

Replies