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NSW: Can a building manager take over common property without approval?

NSW@2x

Question: The building manager has taken over common area, installed a lock and now uses this space as a storage room. Can they change the room description and use without consulting owners?

I am in a lot owner in a NSW residential 3 floor unit block. We have a common area drying room on each floor. The building manager has taken over the drying room on the second floor, installed a lock and now uses this space as a storage room.

Can they owner take over the room and lock the door even though it was a common area? Can the manager change the room description and use without consulting all owners?

Answer: If the building manager is locking the door and securing access solely for himself, an exclusive use by-law would be required and the use would also need to be approved by the Owners Corporation.

This post appears in Strata News #564.

Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440

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