Question: An owner requested permission to install a covered area in their exclusive use courtyard. Approval was granted as long as the structure was in keeping with the appearance of the building. They’ve put up a temporary tent. What happens now?
An owner asked to put an outdoor covered area onto their exclusive use courtyard. It was agreed, as long as they used materials in keeping with the current building.
They erected a temporary tent structure attached to the fence and it has been up for 6 months. Owners have requested it be taken down and built to what was agreed but the owner of that lot refuses to take it down. The tent is located in the lot owner’s exclusive use courtyard.
Our strata manager says we have to vote. We feel like we are voting for what has already been voted for. What is the appropriate course of action?
Answer: If one type of installation was approved but another put in, the body corporate would likely be in a strong position in disputing with the lot owner over the changes made.
It will probably depend on what the content of the proposed vote is. We can’t see that here, so I think it is a question to clarify with the body corporate manager as to what the content of the proposed motion or motions is and why a vote is required.
Whatever the vote is about, you might see it as an opportunity to clarify your position. Even if you think something has been decided there may be some reasons why a further vote will help determine that position and set the path for follow up action.
Otherwise, and unless you have a by-law that states otherwise, any changes to an exclusive use area need to be approved by the body corporate. If one type of installation was approved but another put in, the body corporate would likely be in a strong position in disputing with the lot owner over the changes made.
This post appears in Strata News #616.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924