- This topic has 4 replies, 4 voices, and was last updated 13 years ago by .
-
Topic
-
Hi,
I am on the EC and been approached by a tenant asking to install a trampoline on a strip of common property. I am not against the install, but am worried about (1) use of the trampoline by one tenant only (they will lock it when not using it), & (2) where does that leave the body corporate with regard to injuries or other insurance claims by users of the trampoline?
Many thanks for your thoughts
Terry
-
Replies
-
TerryC said:
Hi,
I am on the EC and been approached by a tenant asking to install a trampoline on a strip of common property. I am not against the install, but am worried about (1) use of the trampoline by one tenant only (they will lock it when not using it), & (2) where does that leave the body corporate with regard to injuries or other insurance claims by users of the trampoline?
Many thanks for your thoughts
Terry
In the ACT, granting a 'special privilege' for one owner or a subset of owners to have exclusive use of an area of common property requires an unopposed resolution. I think it is a special resolution in NSW.
I think the OC would be right to be concerned about liability for something it permits on common property.
What will be next, after the trampoline? A jacuzzi?
As someone recently said, somewhere in Flat Chat, this sort of thing gives the impression that 'anything goes'. Or give 'em an inch and they'll take a mile.
I say 'no tramp', but wouldn't installing one require a Special Resolution at a General Meeting anyway?
Urban Spaceman said:
I say 'no tramp', but wouldn't installing one require a Special Resolution at a General Meeting anyway?
I'm with the spaceman, the trampoline is adding something to the common property – needs a special resolution and if the OC is going to bother with a SR motion then it might as well be for special privilege and all the fun that would come with that.
Trampoline on common property without any resolutions- not a good idea if anyone has ever watched Funniest Home Videos.
Congrats on being the first member to hit 200 posts, BB.
And on the question in hand – this is a request for exclusive use of common property. It requires
- a special resolution for exclusive use (with legal costs paid for by the trampolinist)
- an agreement to insure all users (or at least accept full responsibility for any injuries)
- rent for the use of the space
Failure to provide any of the above and the idea should be bounced.
JimmyT
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.
- You must be logged in to reply to this topic.