#13970
Whale
Flatchatter

    Hi Diana,

    What you’re proposing can be quite complex if not handled correctly, so here goes:

    1) You need to ask the Secretary of your Executive Committee to convene a General Meeting of the Owners Corporation (O/C), and you need to put forward two (2) Agenda Items:

    (i) Seeking the O/C’s consent by way of a Special Resolution for you to make an addition to the Common Property. You should provide the Secretary with copies of the Plans & Specifications of your proposed Deck, together with copies of your tradespeoples’ licenses, copies of their public liability insurance policy/s, and other relevant details such as how they and their equipment will move about and be stored on the Common Property during construction. 

    (ii) Seeking the Registration of an Exclusive-Use By Law, that as its name implies grants you and all subsequent Owners of your Lot the right to exclusively use the deck, and where the quid-pro-quo is that you and subsequent Owners of your Lot are entirely responsible for the proper maintenance of the deck as an addition to the Common Property.

    Special Resolution can only pass if no more than 25% of those Owners in attendance at the General Meeting, either personally or by proxy, vote against your proposal; so some prior networking would be worthwhile.  

    There’s no requirement for you to compensate other Owners or your O/C, but it is customary for you as the Proponent to cover the O/C’s costs to convene the General Meeting (unless it’s the scheduled AGM), and to pay its costs to draft and Register the Exclusive Use By-Law on the Strata Title.

    By the way, that By-Law should include a provision that your right to exclusively use the deck cannot be rescinded or otherwise removed by the O/C without the prior written consent of the Owner of your Lot (i.e. you and subsequent Owners).

    I don’t think I’ve omitted anything of significance, but if I have, I’m sure that others will fill in the gaps. 

    (Gap 1 – you will need your O/C's consent before you lodge Plans with Council, as the latter will likely want copies of that consent before they consider the Plans – Whale)