#55259
Sir Humphrey
Strataguru

    Since there are only 4 units, why not leave the question of whether the gate is common property unresolved and just agree to replace them? In ACT, where I am, an OC can resolve to maintain certain categories of lot property. So, assuming a similar provisions where you are, the OC could resolve to replace the gates. If the gates are common property, then that is proper. If the gates are not common property, then the resolution to replace them could make it proper to replace them anyway.

    The four owners end up paying for the gates regardless, whether they do it via the OC accounts or privately. Another way to handle it would be to have no resolution at all but just have the four parties privately agree to pay a quarter each to the gate installer.