Question: In 2017 we received approval to install a sunshade. The sunshade was damaged in a big storm. Our body corporate is refusing to allow us to replace the item, stating our approval has expired. Is this correct?
In 2017 we received approval from our body corporate for a sunshade over our driveway. We installed a design sympathetic to the colours and aesthetic of our home and according to the covenants.
The sunshade was damaged recently in a big storm. Our body corporate is refusing to allow us to replace the item. We’ve invested money and gone through the right channels, but we’ve been told our approval has expired. Can our body corporate restrict us from putting the shade up again?
Answer: Approval doesn’t usually come with a time limit.
Approval doesn’t usually come with a time limit. A committee makes a decision and it might come with conditions attached to it. And that is that. One difference might be if the by-laws changed between when you first installed and now.
On what basis are you being told you ‘aren’t allowed’? Do you have an actual decision stating that? Committees are meant to make reasonable decisions, which means they need to have a basis on which they decide things, not just arbitrarily deciding something. If there are no reasons given to you for the apparent ‘decision’ you might have grounds to challenge the decision.
This post appears in the March 2022 edition of The QLD Strata Magazine.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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