#17345
scotlandx
Strataguru

    1. Is the balcony common property – have a look at the strata plan and that will tell you whether the balcony is common property.  Or you could ask the strata manager.

     

    2. Even if it isn’t common property, I think you would need approval as it probably affects common property and alters the appearance of the lot.

     

    3. I don’t know how long ago you requested permission, but go back to them and assuming you have given them all the information they need, put a timeframe on it, e.g. one month, and tell them if you don’t get a response you will make an application for mediation and then possibly adjudication.

     

    One issue there is whether you can apply for adjudication where an OC has failed to make a decision either way, refer section 140.  In this case they haven’t refused consent, they have just failed to make a decision.

    140 Order relating to alterations and repairs to common property and other property

    (1) An Adjudicator may order an owners corporation to consent to work proposed to be carried out by an owner if the Adjudicator considers that the owners corporation has unreasonably refused its consent and the work relates to any of the following:

    (a) alterations to common property directly affecting the owner’s lot,

    (b) carrying out repairs to common property or any other property of the owners corporation directly affecting the owner’s lot.