Exclusive use application

› Flat Chat Strata Forum › Common Property › Current Page

  • This topic has 7 replies, 2 voices, and was last updated 14 years ago by .
  • Creator
    Topic
  • 21/02/2011 at 8:06 pm #7249
    Anonymous

      I am an owner in a block of 18 units. Our building has 3 foyers providing access to 6 units each. The foyer in my part of the building has a vacant room nestled underneath the stairwell. This room was crammed full of discarded furniture and building debris when I bought into the scheme around 6 years ago. After notifying the residents via the body corp, myself and another owner cleared the refuse from this room, it has laid vacant ever since. It has a door with no lock.

       

      I wish to apply to the body corp for exclusive use of this area but am unsure of just how much information to put into my request. Can you advise?

       

      Thanks 

       

      Sarah

    • Creator
      Topic
    Viewing 7 replies - 1 through 7 (of 7 total)
    • Author
      Replies
    • 28/02/2011 at 9:06 am #12500
      Simone

        Hi Sarah

        To formalise the use of this part of common property you may want to arrange for an exclusive use by-law assigning the rights to this part of the common property to you. 

        Firstly, you should approach the owners corporation to see if they are willing to assign you the rights to this part of common property. 

        If the owners corporation are happy for you to have the rights to this space you can have an exclusive use by-law prepared to put forward at a general meeting of the owners corporation. 

        The exclusive use by-law must be drafted accurately and clearly. The by-law can refer to the strata plan to describe the location and measurements of the common property area to which exclusive use rights are being requested. 

        Kind regards,

        Simone Balsara
        Lawyer

        TEYS Lawyers
        The Strata Law Experts
        02 9562 6500

        simone@teyslawyers.com.au
        https://www.teyslawyers.com.au

        01/03/2011 at 1:36 pm #12503
        Anonymous

          Simone said:

          Hi Sarah

          To formalise the use of this part of common property you may want to arrange for an exclusive use by-law assigning the rights to this part of the common property to you. 

          Firstly, you should approach the owners corporation to see if they are willing to assign you the rights to this part of common property. 

          If the owners corporation are happy for you to have the rights to this space you can have an exclusive use by-law prepared to put forward at a general meeting of the owners corporation. 

          The exclusive use by-law must be drafted accurately and clearly. The by-law can refer to the strata plan to describe the location and measurements of the common property area to which exclusive use rights are being requested. 

          Kind regards,

          Simone Balsara

          Lawyer


          TEYS Lawyers

          The Strata Law Experts

          02 9562 6500

          simone@teyslawyers.com.au

          https://www.teyslawyers.com.au

          01/03/2011 at 1:39 pm #12504
          Anonymous

            Hi Simone

            With the application for an exclusive use by law, will a body corp vote of 75%+ in favour be sufficient for the by law to be passed.

            01/03/2011 at 2:15 pm #12505
            Jimmy-T
            Keymaster

              JimmyT here, Jude.  75 percent in favour – or more accurately, no more than 25 percent of those voting against at a general meeting of owners – will get this past.  In a tight vote, you can ask for a poll, meaning Unit Entitlements rather than just a show of hands come into play.

              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.
              02/03/2011 at 8:40 am #12513
              Anonymous

                Hi Jude

                We have an information sheet that explains the procedure to pass a by-law conferring certain rights and privileges to a lot owner. 

                We will forward this to you. 

                Kind regards,

                Simone Balsara
                Lawyer

                TEYS Lawyers
                The Strata Law Experts
                02 9562 6500

                simone@teyslawyers.com.au
                https://www.teyslawyers.com.au

                02/03/2011 at 5:32 pm #12516
                Anonymous

                  Thanks for these very useful responses.

                   

                  Simone I would be grateful if you would forward a copy to me also.

                   

                  Regards,

                  Sarah

                  03/03/2011 at 9:15 am #12517
                  Simone

                    Sure Sarah. Please send me an email and I will forward the information sheet to you. 

                    Kind regards,

                    Simone Balsara
                    Lawyer
                    ———————————-
                    TEYS Lawyers
                    The Strata Law Experts
                    02 9562 6500

                    simone@teyslawyers.com.au
                    https://www.teyslawyers.com.au

                  • Author
                    Replies
                  Viewing 7 replies - 1 through 7 (of 7 total)
                  • You must be logged in to reply to this topic.

                  › Flat Chat Strata Forum › Common Property › Current Page