› Flat Chat Strata Forum › Common Property › Building on Common Property, Obstruction and a Fire Order › Current Page
Kiwpaul is right, there is nothing to mediate.
In the absence of a special resolution by-law, the Owners Cooperation is entitled to ask the garage owner to remove, at their own expense, any structure that’s on common property without a special resolution by-law giving them permission to have it.
However, that’s probably not going to work for anyone. I would keep that up yours sleeve and meanwhile tell the owner that you want to formalise the acceptance of the garage with a special resolution by-law that:
a) makes them responsible for the garage and the common property on which it stands
b) Compensates the owners corp financially (probably a token amount)
c) Guarantees access at any time to the Common Property plant
d) the by-law is drawn up at the owner’s expense
When they refuse, as they undoubtedly will, then you tell them that you are legally entitled to ask them to remove their garage from common property and that you have a duty of care to other owners to make sure that they don’t become liable for maintaining private property that is left on common property (as you will be if chummy sells before this is resolved)