#13991
Jimmy-T
Keymaster

    deliria1 said:

    The plan is to have the entire terrace (cat section included), “designed” sympathetically, by a landscape design company so that the mesh is as unobtrusive as possible, with lots of planting etc to help disguise it.
    I am in NSW and wonder how likely it will be that the Body Coporate will refuse this?

    Also, as this is a new development & I would like to do this as soon as I move in, is it the developer I approach? Are they in essence the 'Body Corporate' until the owners move in & take over?

    The developer is, to all intents and purposes, the Owners Corporation in the initial period up to the point when the first AGM is held.  However, they are severely restricted in what they can and can't do in that period as regard contracts and by-laws.  They can't, for instance, “make, amend or repeal a by-law in such a manner that a right is conferred or an obligation is imposed on one or more, but not all, owners or in respect of one or more, but not all, lots.”

    Any proposed contracts and by-laws have to be confirmed (or not) at the first AGM.

    So, in short, sooner or later you are going to have to sit down with your new neighbours and get their approval.  Just to give you an example, I once bought into a building which was pet friendly according to the model by-laws but the newly-elected chairman tried to push through a by-law banning pets at the first AGM.  He failed but the ensuing battle ripped the building apart (and led, indirectly to the creation of Flat Chat).

    So I would scan the proposed by-laws and see if there's anything you might fall foul of.  The one that springs to mind is that the appearance of your terrace may have to be in keeping with the rest of the building.  If you don't have that or can find a way around it, you could be OK.

    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.