Unauthorised car park closed by committee — what are the legal implications for owner access?

By admin,

We've recently discovered that our 15-car parking bays were constructed without the local council's necessary development approval (DA). Our insurance company refuses to cover the car park until we obtain the required approval. To mitigate potential risks, the committee has decided to close the car park until we can rectify this issue.

Has the committee taken the appropriate action by closing the car park? Are there any legal implications for residents regarding their access to the car park?

Common property trees overhanging roofs and gutters — who is responsible for cleaning and pruning?

By admin,

We live in a large Class B complex in Canberra. At the front of many of the units is a common property garden containing deciduous trees. These trees have grown to be very large in the past 20 years and many of them now overhang the roofs of the units, causing serious leaf litter problems in the roof cavities and gutters.

Can owners corporation rules restrict short-term letting, share houses, visitor parking and home businesses?

By admin,

I live in a small community of townhouses and am on the Executive Committee. We are reviewing our House Rules in the light of the amended ACT legislation and trying to clean up and simplify the wording of the existing rules.

Can we legitimately:

Can strata rules prevent clothes drying on apartment balconies?

By admin,

Would you please tell me about the current situation in the ACT regarding drying washing on balconies in Strata apartments? Does it depend on each individual building's strata rules?

I understand the NSW Government introduced a by-law allowing the sun-drying of clothes on balconies. I also understand that Strata schemes are not obliged to adopt this by-law in NSW. Is this the same in ACT?

Can owners corporation house rules cover both split budgets and single budgets?

By admin,

We’ve received the Executive Committee minutes that had the below statement:

"It was resolved that the House Rules governing the complex are to be registered by the incoming committee after the AGM. It was noted that a Rule would need to be added to the Rules at the 2022 AGM if a spilt budget was to be considered at the 2022 AGM. It was discussed that a spilt budget could not be proposed at the 2021 AGM due to the timeframe of the AGM and the legal preparation for this to take place".

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