Flat Chat Strata Forum Common Property Current Page

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  • #8650

    We have an interesting small strata block of 3 units.  The block is split in two, with one property on one side and two units on the other.  The property on the side with the 2 units that I own is also considered common property for the other side but not vice versa. (based on the original owner/developer in the 30’s)

    Due to the small number of units and the percentages each own as voting rights (I have majority), we cannot achieve a 3/4 vote on issues that need to be agreed upon.  I have tenants in my units and the neighbour has decided they will use the common property as if it were their own including installing a 3 metre trampoline on the common property side and not their own without any discussion. 

    My tenants can no longer access the clothes line and now have teenage children hanging out on the trampoline until the wee hours and have put in a complaint to the real estate regarding the noise.  

    When I approached the subject with the neighbour, they suggested that I couldn’t do anything about it as I cannot achieve a 3/4 vote to change the situation.  They are refusing to remove the trampoline.  

    Is there another method besides the 3/4 vote to achieve progress in body corporate and are they able to just install a trampoline on common property?

    Any suggestions on how to manage the noise of their teenage children in my tenants backyard in a manner that is acceptable based on strata by laws would be appreciated.  I don’t want to loose good tenants!

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  • #17627
    Jimmy-T
    Keymaster

      What do your by-laws say about use of common property, children playing on common property, noise and access? I suspect that’s where you will find your solution

      The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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    Flat Chat Strata Forum Common Property Current Page