Flat Chat Strata Forum Common Property Current Page

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  • #78258
    Lilli
    Flatchatter

      I am seeking advice regarding a strata-related matter in my residential unit block in NSW.

      I own a ground-floor unit in a 16-unit complex, with four units per floor. My unit has a balcony that opens onto grassed common property. Two of the four ground-floor units currently have gates providing direct access to this common area, which their occupants use multiple times daily. The third ground-floor unit is situated between two units and has no direct access, although there is a maintenance gate that leads to my balcony and the balcony of the adjacent unit.

      Three years ago, I formally applied to the Owners Corporation to install a gate at my own expense. My request included a detailed proposal with photos, highlighting that the installation would not impact neighbors or affect property values. However, my application was denied, with only four out of 16 unit owners voting in favor. The reasons provided for the rejection were:

      Gates are for maintenance purposes only – However, the existing gates are regularly used by residents, not just for maintenance.
      Concerns about impeding the privacy of the neighboring unit – However, the neighboring unit’s gate provides direct access to common property, and no other residents use that section.
      Since the rejection, I have placed three stepping stones from the street through the garden, allowing me access to the common lawn without intruding on any neighbor’s privacy. I then walk across the lawn and use a portable, engineer-designed step to jump the railing to access my balcony, which remains entirely on my side.

      I have reviewed the approved council plans (200 pages) and all by-laws enacted since the building was constructed 25 years ago. I have found no reference to the existing ground-floor gates on any official plans.

      Given this, I have a few key questions:

      Do gates need to be formally included in the approved plans?
      Since a precedent has been set with existing gates, would I now have grounds to install my own?
      What steps should I take to formally challenge or appeal the decision to have my gate installed?
      I would greatly appreciate any advice on my options and guidance on where to seek further assistance in resolving this matter.

      Thank you for your time and expertise.

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    • #78319
      optusJo
      Flatchatter

        How did the owners with gates vote?  For or Against?

        Regarding the vote:  isn’t there something about a “fraud on the minority” – if the gate only affects you – then why do the other 12 units have a problem with the gate from the common area to your gate.

        Do you have a simple diagram of why you can’t access your balcony from the common area?

         

         

         

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