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I live in a Block of 36 units and I am on the top floor of 3 floors. When the block was built the developer installed 2 satellite dish on the roof for Foxtel reception. Now the Strata Corp. is suggesting (with a view to approve) to unit owners who wish to install a satellite dish or aircondition unit, to have the option of installing on the flat roof.
The roof is common property, can the Strata Corp. approve such work without consulting and voting on it by the unit owners? The Strata Corp. is taking the two satellite dishes put in by the Developer as a precedent, is that correct?
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The simple answer is no. The longer answer is also no. It does not matter what the developer did when he built the block; it sets no precedent.
Why it is a big no?
You are dealing with common property and there is a process for actions that involve dealing with common property. The process is important because it “protects” the Owners Corporation from future responsibility for the changesDivision 4 Special provisions for by-laws conferring certain rights or privileges
51 Application of Division
(1) This Division applies to a by-law conferring on the owner of a lot specified in the by-law, or the owners of several lots so specified:
(a) a right of exclusive use and enjoyment of the whole or any specified part of the common property, or
(b) special privileges in respect of the whole or any specified part of the common property (including, for example, a licence to use the whole or any specified part of the common property in a particular manner or for particular purposes),
Sections 52 and 53 also need to be read.
The owners who want air con or dishes should seek to have a by-law created giving them exclusive use / special privileged over the common property area where the installation will occur. The by-law would state the owners would be responsible for the maintenance and repair of the areas in question and the installed equipment, including cables, wiring etc.
If owners just start installing things without permission then the Owners Corporation may find itself, in the future, responsible for the upkeep and/or repair of any “illegal” equipment.
As can be seen the Owners Corporation can approve the work but the approval is via a special resolution motion at a general meeting and the resolution should place responsibility for maintenance and repair with the owners who are receiving the benefit. Anything less than that is not really adequate.
CAN said:
The roof is common property, can the Strata Corp. approve such work without consulting and voting on it by the unit owners?
At the risk of being pedantic, if by the Strata Corp, you mean the Owners Corporation, then that IS all the owners, including you. If you mean the Executive Committee, then they have even less right to make blanket approvals than the Owners Corp at a General Meeting.
I take Billen Ben's point but I wonder if it's possible to apply a by-law that allows work to be done on the roof with certain provisions attached – size, acceptance of responsibility for maintenance etc etc PLUS the approval of the EC. For instance we have a by-law that allows storage boxes of a specific design to be placed in parking spaces , subject to the approval of the EC.
That said, the last thing you want is half a dozen air-con units chuntering away above your head when you're trying to sleep. A BB-inspired preemptive strike is well in order.
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.
Can said:
Thanks for your information.
My block is 5 yrs old and the Owners Corp. about 2 yrs old. Being new in this type of situation, I have a few more questions.
1. An aircond. unit was installed on the roof prior to the setting of the Owners Corp. Based on Ben's information, what should the Owners Corp. do now?
Anything that is not a part of a unit forms common property. Based on the information given it sounds as if when the SP was registered the air con unit was a part of the common property and therefore the OC will “inherit” responsibility for the roof top air con unit.
Regarding the balcony. You should have a close inspection of your units plan that is registered with the Lands Office. It will hold the answer to who owns the balcony area; if it is on the plan (i.e. in your cubic space) then it is you otherwise it is the OC (common property).
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