#18330
Whale
Flatchatter

    In short, YES the owners of the townhouse can request the Owners Corporation (O/C) to construct additional garden areas, which I assume involves Common Property.

    Irrespective of who undertakes the proposed works, they’re additions or alterations to the Common Property and as such a vote by way of a Special Resolution is required, where ≥75% of those owners present both personally and by proxy need to be in favour of the Motion in order for it to pass, and that’s determined by the lot unit entitlement of those voting / the aggregate unit entitlement of your Plan.

    Clearly a vote of ≥25% against the Motion will see it lost, but IF ≥75% are in favour it passes, and provided the O/C is satisfied with the garden’s location in the context of the Plan’s overall landscaping, it then has two (2) options:

    1) If the O/C’s prepared to meet the costs of establishing and maintaining the proposed new garden areas, then it should seek consent the works and the resultant expenditure by way of that Special Resolution.

    2) If the O/C’s not prepared to meet the establishment and on-going maintenance costs of the proposed new garden areas, then it should seek a consent to the works on the basis that the owners of the townhouse pay its costs to establish the areas and to maintain those, again by way of that Special Resolution.

    In order to better ratify any consent under opt. 2 and to enable the O/C to exercise some on-going control over the nature of garden plantings and the integration of the proper maintenance of the new areas with that involving other landscaping at the Plan, I’d suggest that the O/C’s consent includes a requirement for the creation and Registration of a Special By-Law (SBL) at the townhouse owner’s cost (that cost arrangement is customary).

    That SBL could if needs be make provision for the current and future owners of the townhouse to make regular payments to the O/C to cover its cost of on-going maintenance, to account for the increased “value” of the townhouse due to improved amenity, usable areas etc, and if relevant a provision for those owners’ Exclusive Use of the areas (if they are in fact as you suggest, “taking over”).