- This topic has 6 replies, 3 voices, and was last updated 2 years, 4 months ago by .
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Topic
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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??
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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.
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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.
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.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. 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. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
By the way, the owners corp may be allowed to buy personal property and subsume it into common property. Worth looking at?
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. 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. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.