- This topic has 2 replies, 1 voice, and was last updated 13 years, 11 months ago by .
-
Topic
-
An owner along with the “quiet approval” of his comrades in the executive committee has built a fence on common property. He also inserted a gate in his balcony so he can walk in and out of the enclosed area.
When there was a complaint they had a GM and got it approved becuase they have the majority They claim it is a security fence and other owners are allowed to go in and out.
The matter went to the Adjudicator and the Tribunal and the fence stood simply becuase the majority voted in favour!
Today this guy has unofficial exclusive use.
So there you go if you are living on the ground floor and want to build a fence just contact me and you can use this case as a reference.
What a load of crap some of the CTTT decisions are!
-
Replies
-
Hi Robyn
Exclusive use by-laws confer on an owner a right to exclusively use and enjoy a specific area of common property, which other owners are prohibited from using.
A common example – when an owner has a large area of common property lawn surrounding his or her own lot and requests the owners corporation to confer exclusive use of part of that lawn area on the lot owner.
Without having seen the conditions of your exclusive use by-law, another lot owner would be prohibited from using your exclusive use area without your permission.
Kind regards,
Simone Balsara
Lawyer
TEYS Lawyers
The Strata Law Experts
02 9562 6500
- You must be logged in to reply to this topic.