I have to say first up that this is complicated (obviously) and there may be issues of objections being “timed out”. I’ll leave comments on that to those with legal qualifications.
However, here is a principle related to attic conversions (and other acquisitions of common property) suggesting that the owners acquiring common property pay the strata scheme the difference between the value of the enhanced property and the original property, minus the cost of the enhancement.
This would normally apply to the people who want the gardens to be their private property. If the loft conversion hasn’t been timed out, i.e. its legal status is still in doubt, then it is in the interest of the owners to get it established via a by-law otherwise the loft area is still common property, with all the potential conflict that might arise.
In fact, the downstairs neighbours might push the issue just to force the attic owners to come to the table and negotiate.
In any case, I think you need to separate the issues. The people on the ground floor need to buy the garden from the strata scheme – and that will require a 75 per cent vote in favour – and the people in the loft may or may not need to do the same for their conversion.
If no one has a definitive answer – and I would suggest the ground floor owners and the attic conversion owners choose a mutually acceptable strata or property lawyer to provide the advice – then your strata scheme could maybe take it to NCAT as an uncontested issue, seeking a ruling on who owns what.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
- This reply was modified 1 year, 10 months ago by .