Flat Chat Strata Forum Common Property Current Page

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  • #9922
    fuco
    Flatchatter

      I currently have an area outside my lot that is common property but can only accessed by maintenance people for access to the roof and to abseiling hooks. No other residents could ever access the area. It is on the top floor with two other units, not close to this area.

      That space is approx 50sqm that is covered by white pebbles and underneath a solid concrete slab – with drainage.

      There are 3 air con units that constitute approx 10 sqm with plenty of space around them with a thin metal shield on the eastern side.
      to the south they extend out from my baclcony by approx 2m.

      To the right of these is an access door from the internal boiler room and access to the rooftop via ladder.

      Further to the east is a large space that is approx 15-20 sq m that is empty and contains a corridor to a downpipe on far eastern side.

      To the north of this I have my 4m x 4m balcony (on title) that I would like to extend by 2m x 4m (to the end of air con units).
      This would entail me paying for the dividing fence to be relocated and extended to the east and pushing existing pebbles back to common area. And making pretty the space where the air con units are.

      At this stage I cannot see any reason why it wouldn’t be granted (however I don’t trust our Building Manager to make something up).
      There are still 1.5-2m corridors of access.

      How would I go about requesting exclusive access to the extra 8 sqm and to allow the fence movement?

       

      Thanks

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    • #23148
      Whale
      Flatchatter

        fuco – in NSW it’s not up to the Building Manager, but rather your request needs to be considered by way of a Special Resolution placed as an Item on the Agenda of a General Meeting of the Owners Corporation (O/C) together with plans / diagrams / photos etc, where you’ll need a minimum 75% of those present by unit entitlement, both personally and by proxy, to vote in favour of your proposal in order for it to succeed.

        If Consent is granted by the O/C, then it would customarily include Conditions such as (but not limited to) making you entirely responsible for maintaining that part of the Common Property (roof-space), you granting the O/C and its Agents (e.g. contractors) unrestricted access to other parts of the roof-space via your Lot where that’s necessary, and requiring you to make regular payments to the O/C to account for the increased value of your Lot consequent to it having exclusive use of a portion of the Common Property, and with all of the above being incorporated in a Registered Special By-Law attached to the Strata Title of your Plan at your cost.

        Part 5 / Division 4 of the NSW Strata Schemes Management Act (1996) applies.

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      Flat Chat Strata Forum Common Property Current Page