› Flat Chat Strata Forum › The Professionals › SCs and strata managers › SM has OK’d villa land grab › Current Page
It sounds like the other owner (and Strata manager) have confused “exclusive use” and “responsibility”.
In order to have exclusive use, there must be a special resolution put at a meeting. See pages 41 and 32 of this document:
https://www.fairtrading.nsw.gov.au/biz_res/ftweb/pdfs/About_us/Publications/ft045.pdf
(presuming you are in NSW?)
“A special resolution is a vote by unit
entitlement. A motion can only be
passed by special resolution at a properly
convened general meeting, with no more
than 25% of the votes cast against it. “
In a two lot strata scheme, both owners would have to agree to the special resolution regarding exclusive use (unless they have a 75% unit allocation).
By fencing the area they have pretty much given themselves exclusive use, which it seems they aren’t entitled to.
I’d go back to the Strata Manager and point these provisions out, and demand that at least part of the fence goes so you can access the area. Or, an alternative may be that the other owner, having shown a determination to treat the land as their own, be required to purchase the land from the owners (you and themselves). You’ll have to then re-survey the land to show that that land belongs to the other unit owner (once they’ve bought it), but at least you’ll be compensated for it.
Page 39 of the document linked above provides a dispute resolution scheme.