#25180
Whale
Flatchatter

    At this point in time, any “disposal notice” would have no authority unless it was issued as I suggested (in post #2) as a Notice to comply with a relevant by-law, in which case it has to be issued by the owners corporation or its executive committee after the passing of a motion to do so at a properly convened meeting.

    So…. NO, the notice that you left is not valid; it’s just a friendly note!

    In conclusion, as I alluded to in my other post (#2), and even though I obviously haven’t seen the items that are currently on the common property of your building, your owners corporation would be in my opinion most unwise to in any way legitimise a continuance of that practice.

    If it does perhaps because it regards the presence of the current items as innocuous, that would amount to it granting somebody a “licence” to use the common property, that to be properly decided at the AGM comes under under Sect 65B of the Act, where a special resolution (as opposed to one determined by a simple majority) is required, that to PASS requires no more that 25% of those voting to so so against the motion; or conversely by at least 75% voting in favour – with both percentages determined in accordance with the unit entitlement of their lots (i.e. a poll vote).

    If as you expect, your strata manager is going to support permitting the occupant’s bike, table, and whatever else may follow to remain on the common property, then you might want to give him a heads-up that any valid decision by the Meeting will have to be on the the basis of a vote on an specific agenda motion, not under “general business”, and be listed there as a special resolution under Sect 65B of the Act.