#27124
Jimmy-T
Keymaster

    @tharra said:
    If you were to get an exclusive use by-law passed down the track could that be rescinded by a 75% majority at another AGM resulting in the loss of exclusive use of common property?

    Special resolution by-laws of this kind can only be rescinded or changed with the written permission of the lot owner who benefits from it.

    Wouldn’t a more permanent & more costly solution be once the 75% majority have agreed to the exclusive use of common property & the council are happy. i.e. all the ducks are lined up… to have the lot + common property extension surveyed, the unit entitlement increased with an corresponding increase in levies & the registered strata plan amended as per the survey? Or is this an impossible avenue?

    By “costly” do you mean cost-efficient (which is the opposite)?  In any case, that would be much more expensive and time consuming.  The property rights by-law is a tried and tested routs for this kind of thing.    

    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.