Question: I have installed CCTV. This was discussed at a previous AGM, but no agreement was reached and the discussion was not minuted. What happens now?
As a unit owner in a 4 unit complex, I have installed CCTV. On a previous Body Corp AGM, the question of CCTV was discussed, but the owners could not agree to a system that would satisfy everybody’s needs. It was, however, agreed that individual owners could arrange their own CCTV.
Unfortunately, it was not mentioned in the Minutes of the meeting, and the Body Corp says that the permission to install CCTV is null and void.
We are the only Owner-Occupier in the block and therefore have different priorities to that of an absentee investor. We are now required to lodge an application for the CCTV that could be denied. What are our options?
Answer: Even if the installation was discussed at a general meeting, for any approval to exist a resolution is required.
Even if the installation was discussed at a general meeting, for any approval to exist a resolution is required.
The lot owner should submit a motion to the body corporate to be considered. If the committee has any reasonable concerns with the proposal, it should ventilate them with the owner and give the owner the opportunity to make adjustments to the proposal or include conditions on the approval.
If the body corporate acts unreasonably in its concerns, or in refusing to provide approval, the lot owner has rights to have the decision overturned in the Commissioner’s Office.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753