› Flat Chat Strata Forum › Common Property › Lot Owner Wanting to Pay For Garden Beds to Benefit Only Them › Current Page
K.P. – I too noticed HarbourView’s earlier mention of the townhouse owners already being granted approval (by the O/C) to install a door in an external wall (of the Lot?), and as post #7 states that’s been done “with permission, but not by special resolution or bylaws” it also needs to be rolled-into a Motion for the O/C to consider legally consenting to that as well as the proposed garden area by way of a Special Resolution (SR).
As I mentioned before, a Special By-Law (consequent to a SR) is legally required in NSW only where, in addition to its consent to any changes or additions by an owner of a Lot, the O/C wishes to make that owner and subsequent owners of that Lot responsible for the on-going maintenance, repair, and replacement of those consented changes or additions, and entirely at its discretion to also grant that owner exclusive use privileges.
A Special By-Law (SBL) can stipulate how the consented works may be used, how they must be maintained (with costs reimbursed to the O/C if it has that done concurrently with grounds), and in fact anything else that the O/C regards as relevant….. but without it the O/C is responsible for all on-going maintenance etc by default.
A SBL can be rescinded or amended by way of a Special Resolution, and only if it incorporates an exclusive use privilege does the beneficiary (of that privilege) need to consent; otherwise as you’ve advised the privilege is perpetual.
So as you might guess ever the bureaucrat, I’m standing by my previous comments also; I only hope that this final post by me on the topic assists rather than confuses HarbourView.
I cant’t help wondering where HarbourView’s Strata Manager is in all this, and how many more significant issues they’ve let pass?