#27957
Kangaroo
Flatchatter

    Long time, no contribution.

    Yes, in my opinion this site has been giving wrong advice on the matter of unauthorised additions to common property for a long time.

    Particularly the notion that an unauthorised addition to common property automatically becomes common property when lot ownership changes.

    And the “why” is quite simple.

    There is only one way under the SSMA 2015 that an addition to common property can be made … by special resolution under s.108(2).

    If the OC has not made that resolution, the addition (or extension) is not common property.

    Lady Penelope got it right.

    Adrian Mueller got it right.

    I too have had dealings with him and hold high regard for his opinions.

    My advice is … Keep all minutes of general meetings from day dot, don’t allow them to be destroyed after the regulation period … that way you will have proof that no special resolution was made.