Flat Chat Strata Forum Common Property Current Page

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  • #7138
    struggler
    Flatchatter

      In my complex, the EC allows  owners access to their roof cavities for the purpose of insulation, electrical, air conditioning.  The roof and its structure are the responsibility of the Owners Corp.  Should we have this in writing by way of a special resolution for these and other areas that are accessible to the owners from within their units?  These roof cavities cannot be accessed from common areas, only from within the units (or through the roof tiles).

      When do you need a special resolution and when do you need to look at exclusive use by-laws? 

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    • #12235
      Jimmy-T
      Keymaster

        It strikes me that the easiest way to formalise this would be to pass a by-law allowing roof sspace to be used for these purposes (and nly those purposes) provided the relevant owners signed an agreement that they are responsible for relevant maintenace and repairs related to the installations.  That way you won't get, say, a new owner coming in and saying that air-con is on common property therefore the Owners Corp has to fix it when it breaks down.  Anybody else with any thoughts?

         

        Jimmy

        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.
        #12237
        struggler
        Flatchatter
        Chat-starter

          We have an item in our AGM minutes “Special Resolution Maintenance” to cover things like door locks and shower recess waterproofing being the responsibility of each indiividual owner.  Could we put this roof cavity access under that for the maintenance of items installed by owners such as air conditioning, insulation and light fixtures/wiring?

          #12229
          Anonymous

            You could move to ammend the motion at the meeting if your proposed words for the amended motion cannot be sent to all owners prior to the meeting (as per the act). Write your amendment out so every one is clear.

            Murray Cameron

            https://www.stratares.com

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