#13286
Jimmy-T
Keymaster

    The simplest answer is to get 25 percent of owners to vote against it either in person or by proxy.

    You are certainly entitled to ask the proposers at the meeting to cut through the jargon and explain a) what this really means and b) what the implications are for other areas and the general running of the building.  It sounds like the EC is being empowered to lock off any areas of common property they see fit and that is going way too far.

    You may have left it too late but I would also be proposing an amendment to say that anyone using common property for the storage of private property should pay reasonable rates (ie, a bit less than commercial rates) for doing so. This is common practice in other buildings.

    The worst thing about this is that the EC appears to be asking owners to give it unlimited powers to impose conditions on access to common property as and when it sees fit – and that, I reckon, is legally a bit iffy.

    However, the OC does have the power to establish by-laws limiting access to common property.  The key questions in this case are why and who's benefitting and if it's only benefitting a select few, is that effectively defrauding the majority of owners.

    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.