- This topic has 10 replies, 3 voices, and was last updated 9 years, 3 months ago by .
-
Topic
-
One of the owners in our block of 12 on the top floor, is intending to install a set of louvers on his balcony for alleged privacy reasons. This will change the look of the entire building and if others decide to follow suit it could end up looking like an uncoordinated mess. My view is that the building facade should be left as it was designed as it was the reason we purchased our unit in the first place
He intends to take this proposal to the next body corporate meeting, even though it is not currently an agenda item.
Would this resolution fall into the category of ordinary, special or unanimous or can he do it without permission as technically it is his balcony it is planned to be installed on?
-
Replies
-
A change to the outside of a block of flats would be a change to the common property, not the unit owner’s area. Even if it were part of the unit/lot, most places will have a bylaw or rule which says that a unit owner must seek permission to alter a unit and then says something about how and in what circumstances permission may be granted.
Dodger — if you’re in NSW then I have a couple of additional items of advice:
- If the Owner’s proposal is not on the Agenda for the General Meeting then it may be discussed if he raises it, but NO DECISION may be taken concerning it.
- As Peter alluded to, there is indeed a provision of the NSW Strata Schemes Management Act (1996) at Section 65A, that requires Owners with proposals that will, amongst other things, add to the Common Property to seek the prior written consent of the Owners Corporation at a General Meeting, where a special resolution is required in order for the matter to pass (i.e. a “pole vote” with ≥75% of those in favour).
Note: even though it’s the Owner’s balcony, its floor, ceiling/soffit, and any railings are Common Property, hence the requirement at #2 (above).
Dodger – my first query is about the advice being provided by your Strata Manager; where are they in all this?
Their advice should have been that your Owners Corporation (O/C) needs to promptly ensure that the Minutes of the General Meeting accurately and fully reflect the facts that you’ve provided here.
At the same time, your Secretary or Strata Manager needs to advise these potentially offending Owners in writing that unless the O/C receives their written assurance that the louvers will not be installed without its proper consent, then after (say) 7 days it’s applying for Mediation of the matter by the NSW Department of Fair Trading (DFT), and concurrently for Interim Orders in the NSW Civil and Administrative Tribunal (NCAT) so as to immediately put a stop to any works that they’re contemplating.
Note: an Application for Interim Orders will not be considered by the NCAT unless an Application for Mediation of the same matter is at least recorded in the system operated by the DFT, albeit that Mediation session may not yet have been convened.
Dodger – that’s fine, but your O/C runs the risk of playing catch-up if those Owners complete the installation of their louvers before you commence “litigation”; which as indicated by the costs to participants it’s actually not by the way.
The process is largely informal particularly with Mediation where the cost of proceedings to the Applicant is around $80, and less so with Adjudication where the fee to seek Interim Orders is around $100; you rarely if ever see real litigation at those rates!
Here’s some more lite-reading re the workings of Mediation and the NCAT.
Good luck with a resolution!
@Dodger said:
…Can the body corporate override the wishes of the owners? It contains a small number and the guys that want the change are on it.I assume you mean ‘Can the executive committee over-ride the wishes of the owners?’
Not if it is expressed as a resolution of a general meeting. Also not if it would be contrary to the Act. Eg. if a decision requires a resolution of a general meeting, either by your by-laws or the Act or just a resolution of a general meeting directing the EC, then the EC can’t make the decision.
My understanding of the NSW Act is that you can’t do anything to modify common property without a special resolution of a general meeting. The ACT, with which I am more familiar has a range of ways to do things depending on the nature of the change.
In the ACT there is a mechanism for 25% of owners to requisition a general meeting to decide some question, even if the EC does not want to call a general meeting. I don’t know if NSW has a similar provision.
Meanwhile, Whale’s advice sounds good. Get an application in to the tribunal. It would be a brave EC that proceeds with authorising something that it seems it does not have the authority to authorise while there is an application in to the tribunal.
- You must be logged in to reply to this topic.