#12682
Anonymous

    In the ACT the Unit Titles Act splits such incursions onto common land into two categories. Where the incursion is minor and unlikely to have significant impact on the enjoyment of the common land by other owners the executive committee can approve. An airconditioner or window awning are given as examples. Where an incursion on common land is not judged to be minor the proponents would need to seek an unopposed resolution at a general meeting. Depending on the circumstances quite big incursions can be 'minor' if there is lots of common land, eg a vegie patch if you have many hectares of grounds. On the other hand even a tiny bit of sticking out air conditioner might not be 'minor' if there is very little common land and the equipment were to obstruct a narrow pathway. Generally it is up to the EC to judge if the proposal is in the 'minor' category for their circumstances. If someone were to disagree they could seek an opinion from the Office of Regulatory Services and then ultimately initiate an 'ACAT dispute' (the local tribunal) if they disagreed with the judgement of the EC or general meeting. I would be surprised if other jurisdictions did not have a similarly sensible split of major and minor.