Question: One owner wishes to alter their property but the alterations would include making structural changes to the common lot area. Does this require a resolution without dissent or is it a special resolution?
Our Body Corporate is a 4 unit complex under the Small Schemes Module.
One owner wishes to alter their property, primarily by adding a deck in an area marked exclusive use, but the alterations would include making structural changes to the common lot area by adding a covered area which would need to attach to the units external wall.
I am unclear if this type of change requires a resolution without dissent or if it’s just a special resolution. Further, if all they proposed was the deck alteration in the exclusive use area, what type of resolution is needed.
Answer: The by-law may authorise the owner to make the improvement. If it doesn’t and the value of the improvement is more than $3,000, then it can be approved by ordinary resolution.
This post appears in Strata News #457.
Chris Irons
Hynes Legal
E: chris.irons@hyneslegal.com.au
P: 07 3193 0500
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