#18303
kiwipaul
Flatchatter

    A couple of things

    1) The SM works for the OC and cannot tell the OC what to do (they can only advise). Is it the EC or the SM fighting this, if SM tell them to stop, if EC get a OC to vote against further action.

    2) So long as the lawyer has put in writing that it is unnecessary to create a bylaw he will know the law much better than the average SM.

    3) Look on any plans you have to determine if the balcony is common property or lot property. Thick lines denote Common, thin Lot.

    For an example of this see here

    https://www.justice.qld.gov.au/justice-services/body-corporate-and-community-management/maintenance-of-common-property-and-lots

    It show an example of a balcony as common and lot property and how it is denoted (Refer to the building format plan ONLY)

    BEWARE THIS IS QLD RULES SO IGNORE THE DEF OF COMMON AND LOT PROPERTY AS THEY DON’T ALWAYS APPLY IN NSW BUT THE DRAWING RULES DO.