#16346
Jimmy-T
Keymaster

    @PeterC said:
    Do you need the owner’s permission to reverse a special privilege? In the ACT (which might well be different) it requires a special resolution to rescind a special privilege over common property with no mention of needing agreement from the owner with the special privilege. 

    In a word … yes.  Presumably its to stop people having to undo changes they’ve been allowed to make when a new bunch of owners decised they’ve changed their minds.  This is what the NSW Act says:

    52 How does an owners corporation make, amend or repeal by-laws conferring certain rights or privileges?
    (1)  An owners corporation may make, amend or repeal a by-law to which this Division applies, but only:

    (a)  with the written consent of the owner or owners of the lot or lots concerned and, in the case of a strata leasehold scheme, the lessor of the scheme, and

    (b)  in accordance with a special resolution.

    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.