Flat Chat Strata Forum Common Property Current Page

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  • #73611
    Soaky
    Flatchatter

      Our NSW block was registered prior to 1974 and so all of our balcony sliding doors are private property whilst all of our windows are common property.

      Is it possible for owners to pass a Special Resolution adding these to the common property ?

      We’ve saved up in the Sinking Fund and want to replace all of the windows and doors in the block.

      Has anyone done this??

      • This topic was modified 1 month, 2 weeks ago by .
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    • #73624
      Jimmy-T
      Keymaster

        Firstly, the owners corporation can certainly acquire personal property and then designate it as common property. Your problem here may be that you will need everyone to agree to giving up their limited right to do as they please with their property.  Why would anyone do that? I can think of half a dozen reasons, none of which are logical or reasonable – but that’s strata for you.

        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.
        #73638
        kaindub
        Flatchatter

          We had a similar story

          Got advice from a well known legal firm that said the same as JT.

          The twist is that the motion was defeated by a handful of owners.

          For a special resolution to pass only 75% of people who vote need to vote in the affirmative.

          we all know that in most strata only a small percentage of owners vote, so in a  12 lot strata it could need only a handful of votes to pass the motion ( not 9 as some may think)

          Just organise owners who are in favour of the idea to make sure they vote.

          #74002
          Soaky
          Flatchatter
          Chat-starter

            Thanks for the feedback JT & Kaindub

            We’ve already amassed enough money in our Capital Works to do all of the doors & windows and I’m mindful that a few of the older residents may not have the means to replace their sliding doors so I thought this might be a sensible and considerate way to get everybody’s done. Maybe I’m delusional

            Legal advice now received via our Strata manager implies that this hasn’t been done before.There’s a lot of Strata lawyers out there and I’m not sure if I’m allowed to ask on this Forum which legal firm Kaindub consulted ? That way I might be able to ask them directly if any Strata Plan has ever managed to get it over the line or if it’s a complete waste of time

            Look forward to hearing from you

             

            #74006
            Jimmy-T
            Keymaster

              I’m not sure if I’m allowed to ask on this Forum which legal firm Kaindub consulted

              You can send them a private message using the “send a message” link on the left of your post.

              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.
              #74007
              Jimmy-T
              Keymaster

                By the way, the owners corp may be allowed to buy personal property and subsume it into common property.  Worth looking at?

                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.
                #74008
                Soaky
                Flatchatter
                Chat-starter

                  Thanks JT

                  I have sent a message  to Kaindub

                  I will mention  your suggestion re the buying of personal property to whatever lawyer we end up with

                  I will let people know how it goes

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