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missfeather – Have you asked your neighbour whether you may buy the portion of their exclusive use area? It may be worth considering, particularly if you make it an attractive sum of money
Here is an example of a Motion for the purchase of an area of exclusive use that was subject to encroachment of a pergola. The Motion was submitted to an EGM, however it was defeated. Miriwinni Mews [2015] QBCCMCmr 214
Transfer of Common Property
That the body corporate consent to the transfer of the unencumbered indefeasible title of the 6m2 part of the common property that is identified in the attached plan marked ‘A’ (“Area”) to lot 2 on the following conditions:
- Payment by the owner of lot 2 of compensation to the body corporate in the sum of $2,500 including GST (if any) ; and
- Payment by the owner of lot 2 of half the cost of documentation required to give effect to the transfer of this area including, the preparation of survey plans, transfer documentation and a new community management; and
- Payment by the owner of lot 2 of half of any transfer duty and transfer fees that are payable in respect of the transfer of the area;
And that the body corporate consent to and execute such documentation that is required to give effect to the transfer and register the same in the Titles Registry.