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We’re considering adding a new storey beneath an existing building, which will become common property only (not affecting any individual lot). The current strata plan defines the building as “Two Storeys,” but with the new storey, it would need to be amended to “Three Storeys.” The newly created common property boundaries would also need to be updated on the strata plan.
My question is: Does this change to the legal boundaries of the common property require a Unanimous Resolution because it affects the legal structure of the entire scheme, adding property to each owner equally, and affecting the fundamental rights to property ownership of all Owners?
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Just to clear things up, in NSW strata a resolution of an owners corporation is a unanimous resolution if it is passed at a properly convened general meeting and no vote is cast against the resolution.
That’s significant as it doesn’t require everyone to vote in favour, which can often be hard to achieve for a variety of reasons.
All that said and done, Section 108 says this:
108 Changes to common property(1) Procedure for authorising changes to common property
An owners corporation or an owner of a lot in a strata scheme may add to the common property, alter the common property or erect a new structure on common property for the purpose of improving or enhancing the common property.
(2) Any such action may be taken by the owners corporation or owner only if a special resolution has first been passed by the owners corporation that specifically authorises the taking of the particular action proposed.
So that looks like all you need is a special resolution (check with a strata lawyer) plus, of course, a DA from your local council. And you will need to draw up and register a new strata plan too. of courseThe 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.
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