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we live in a small block of 4 units. The unit entitlements are unevenly spread over the 4 units and are based on size of the lot, not the value of any view, renovation or improved value of the lot.
The unit entitlements are approx 30,26,24,20%
The lot owner with 26% bought 2% from the older owner who originally held 32% before the older owner passed away about 6 years ago.
3 of the unit owners 30,24 and 20% want to put a front balcony on our units. We have a large front yard and are well behind the building line of all other houses in the street. In other words, there is nothing to stop us from putting on sizeable balconies. We are fronting Sydney harbour and the addition of a balcony would add substantial value to each unit.
mr 26% does not want a balcony because he says his small external patio is sufficient. He then goes on to state that if we want to add balconies we will have to pay for his and then he will give us the 75% we need to proceed.
In the discussion about the majority necessary to pass something at the AGM, you mentioned that in an executive committee meeting it was 1 person 1 vote to overturn or make a decision. As 3 out of 4 want the balconies if we had the AGM and he didn’t vote with us, could we take it to the exec comm meeting and overturn it / remake the decisions?
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An Executive Committee cannot vote to overturn any decision of the Owners Corporation taken at an AGM so this is not an option.
You need to explain how this lot owner bought 2% of the unit entitlement as these aren’t something you can buy and sell to the best of my knowledge.
Did he buy 2% of the land of the older owner if so you could look at whether this was done legally and were all the dots and t’s were crossed because if it wasn’t done correctly he would only have 24% and not enough to stop you proceeding.
@Johnty said:
The unit entitlements are approx 30,26,24,20%. The lot owner with 26% bought 2% from the older owner who originally held 32% before the older owner passed away about 6 years ago.
Was this transfer of unit entitlement approved by the CTTT (as was) and registered at the Registrar-General’s Office (?). Was it approved unanimously by the other owners? I ask because this may be an informal arrangement that has no standing under strata law.
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.
I am also baffled/fascinated as to how someone can purchase part (or all of a lot entitlement). Even if they bought part of someone’s lot it would have to be reallocated, the entitlement goes with the lot.
Even if this had been done properly (and I very much doubt it), if worse came to worse you could seek an order to go ahead with what you want to do. An owner can’t blackmail other owners.
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