Thanks for that clarification Paul, and I’m glad (for your Owners Corporation) that things are not as out-of-control as I initially suspected, although I don’t know how your Plan’s Strata Managers and successive Executive Committees (E/C) have managed to allow such significant extensions to a Lot to not be shown on an amended Strata Plan and not be reflected in a revised Schedule of Unit Entitlements for that Lot.
How to move forward?
Well even though I don’t agree that unrestricted access over an Exclusive Use Area in order for an Owners Corporation (O/C) to access its Common Property isn’t possible, I agree it could be read as contradictory depending upon the frequency of the “un-restriction”.
Nonetheless it seems to me that your O/C is being a little “dog in the manger” about the storeroom, which it really doesn’t need for any significant or critical purpose; does it? So you’ve probably hit the proverbial nail on the head in your “unfailingly reasonable and logical” statement as the best way forward.
So taking that approach on-board, I think your E/C should advise the Owner of the extended Lot that whilst it will not itself approve of his proposal, it will support the O/C’s adoption of his amended Strata Plan at a General Meeting of all Owners provided he first undertakes (in writing) to:
1) Pay the O/C’s costs to have a Revised Schedule of Unit Entitlements prepared by a Registered Valuer in advance of the General Meeting, showing a revised Entitlement for his extended Lot which recognises the additional maintenance and repair responsibilities of the O/C (e.g. the building & gutters you referred to), and;
2) Pay the O/C’s costs to lodge that Revised Schedule of Unit Entitlements with NSW Land & Property Information, including any (costs) associated with the need for Orders by the Tribunal prior to that lodgement, and;
3) Purchase the Common Property Storeroom from the O/C for an amount assessed by the (same) Registered Valuer who prepares the Revised Schedule of Unit Entitlements.
I’m inclined to think that your E/C and the O/C should just follow your “unfailingly reasonable and logical” approach, and not worry itself with the 20 years of un-adjusted Levies that the Owner of the extended Lot benefited from, or with the fact that he may well be getting everything or order prior to refinancing or placing the property on the market for sale; after all your O/C has itself been complicit in all that by not closing all the loops when its then E/C consented to the extensions.
Hopefully the Owner of the extended Lot will accept this approach, but if not your O/C should still convene the General Meeting and put the E/C’s approach as an Agenda Item before all Owners (whom it should lobby in advance), and seek a Special Resolution in support of 1-3 (above), and implement that via an Order of the Tribunal.