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The Fair Trading website under Strata Schemes has a sub menu titled “Common Property and the Lot”. A reasonable person should be able to assume that either all they need to know would be there or more likely there would be a link to a more detailed exposition. It says nothing whatsoever about what if any resolution is required for any entity to modify common property and no link/statement suggesting anything further. Nothing!
It’s little wonder that even perhaps those dynamic souls who thought of investing half an hour to find out something about the legal status of their (perhaps) lifetime dwelling place may be confused and incredulous if/when someone queries their efforts in planting a tree/building a fence/concreting over grass to expand their driveway.
A close look at the original page shows a link to a PDF of “Strata Living”. It’s not searchable via key words but Common property comes up in Chapter One under “ Key Concepts”. Again nothing whatsoever about any resolution let alone a Special one to alter Common Property.
This indicates an astonishing incompetence on the part of whomever approved this Websites contents; no doubt their defence would be that anyone who contemplated say painting the front door of their Villa another colour would of course consult a solicitor or some similarly ludicrously unlikely presumption.
A deeper search revealed some mention under the FAQ’s but these were exclusively questions from the point of view of owners and only about outside spaces. The reply to a question on whether I can park on common property was: Send a written request to the secretary or strata managing agent. Permission should then be voted on at a general or strata committee meeting.
I think this is at least inadequate in that it should be a Special resolution and stated as such. I sent in a complaint months ago via a Feedback option on their website covering some of these issues and received no response despite ticking the request for one box and including an e-mail address. Sent this msg. on it also; might help if others did similar and/or contacted their local member. Alterations to common property and the legal requirements should probably be a banner headline readily visible to anyone putting in any effort to acquaint themselves with some basic information.
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