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Dear Jimmy T
Thanks so much for your answer.
I have rung Fair Traidng 4 times and had a different opinion everytime. They always promsie to get back to me but never do. It is all very confusing and of course the EC have the property manager to assist and advise them.
Your forum was recommended to me. Congratulations on a forum site that is doing great work. I now know that TEYS Lawyers are there if this gets to the legal stage.
If you think others would benefit from the above discussion – please feel free to release it.
The discussion here is centred on an owner wanting a by law in his favour.
But what happens if an owner does not want a by law for special or exclusive use of common property and the OC wants to force maintenace repair and upkeep costs onto that owner?
Can the EC or OC pass a by law conferring exclusive use of a part of common property on that owner without the written agreement and approval of that owner?
An Owners Corporation may, pursuant to a special resolution, change the bylaws pursuant to the following provisions:
Simone makes reference to s52 which states:
An Owners Corporation may, pursuant to a special resolution, change the bylaws pursuant to the following provisions:
s51, s52 Strata Schemes Management Act 1996: made with the consent in writing of the proprietor (the consent does not have to be furnished) and by special resolution where the initial period has expired. It confers on the registered proprietor rights of exclusive use and enjoyment of, or special privileges in respect of, common property, or by special resolution amends, adds to, or repeals any by-law previously made under this sub-section.
This section refers to the ‘Proprietor’ – is that an owner – are they the same thing?
Please don’t use this in any print articles and protect identifiers.