› Flat Chat Strata Forum › By-laws and outlaws › Perplexed by pergolas › Current Page
Your committee does seem to be going about this the wrong way.
Section 63 allows the Owners Corp to take over maintenance and repair of personal property. Otherwise, it could just be a transfer of ownership agreement between the lot owners and the owners corp which might then be subject to NCAT orders under sections 142 or 143 (see below).
However, I am curious to know why the owners corp is prepared to take over maintenance of property that can only be used by individual lot owners or their tenants. If it is a question of the lot owners not maintaining the pergolas, then the OC just needs to pass a by-law requiring all lot owners to maintain and repair structures that can be seen from outside the lot.
If it is a question of lot owners trying to shift their personal maintenance and repair bills to the OC, then you might want to pursue orders under Section 142(b) of the Act.
142 Order relating to personal property acquired or to be acquired by owners corporation
(1) An Adjudicator may make one of the following orders if the Adjudicator considers that an acquisition, or a proposed acquisition, by an owners corporation of personal property is unreasonable:
(a) that the personal property acquired be sold or otherwise disposed of by the owners corporation within a specified time,
(b) that the personal property not be acquired.
(2) An application for an order under this section may be made only by an owner.
143 Order requiring owners corporation to acquire personal property
(1) An Adjudicator may order an owners corporation to acquire personal property if the Adjudicator considers that the owners corporation has unreasonably refused to acquire the personal property.
(2) An application for an order under this section may be made only by an owner.