The Great Common Property carve up

Hi all,

-self managed 4 block NSW Strata.

we have 2 ground floor unit miscreants who have over a period of time each apportioned areas (all unapproved) of backyard territory in a effort to create semi private enclaves out their backdoors. Matters came to a head with the construction of a fence across a little used access point on the side of the property which now secures a dog and toddler, from each Lot respectively, to the entire rear of property.

Rather than trying to unravel all this back to Common Property, I figured a trade-off proposal from the 2 upstairs owners (myself being one) may work. That is, creation of exclusive use by-law recognizing entitlement for existing ground floor territory in exchange for same to upstairs owners to roof cavity space.

Provided the roof space construction is a structurally/financially feasible proposition, a D.A from council is required. D.A approval is dependant on issue of a Fire Safety Certificate which is dependant on compliance, which is the responsibility of the O.C .

Have I got that right ? Anyone been in this situation ?

I envisage argument over ‘equality of gain’ and baulking at the shared cost of D.A compliance. Welcome your feedback.  Peterepete