This question about the need for body corporate permission to make changes to common property has been answered by Tyson D’Sylva, Ace Body Corporate Management.
Question: Does a new owner have right to make changes to the common property, such as installing solar, without seeking body corporate permission?
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I am an older tenant who has proxy authority (from my son, the lot owner) in a small group of 3 units.
15 months ago a new part owner has bought into one of the units. This new owner seems very overbearing and acts as if she is the manager of the units workings without the authority or agreement of the other owners.
This new owner has her parents living in this unit as tenants, but this new owner has gone ahead without written permission to do so many things within the area that is their lot and close common ground to their own unit such as put in gardens and taken up pavers where there was lawn in the common area near their unit. When they have visitors they allow the visitors to park on the driveway infringing on other units. They have also put up solar panels on their roof without written notice to other owners, only a part verbal notice of their intentions.
This maybe due to no knowledge of Strata legal guidelines. This new part owner is very dominating & intimidating and unpleasant to deal with.
Being only 3 units there is no manager but rather the owners are self managing.
Please can you give me some advise. Does new owner have right to do all of these things without seeking body corporate permission or can they just do there own thing?
Answer: You are aware that most changes will require an approval of the corporation and I am sure you have been doing this in the past.
We find this is uncommon with professionally managed units but rather common in self-managed units.
You are aware that most changes will require an approval of the corporation and I am sure you have been doing this in the past.
When new people come into the strata they may not be aware of what is required and you may need to call for a meeting to explain what strata living is all about.
If you find that the person is not so easy to get along with, then you may find yourself in need for a Professional Strata Management to help you through these issues.
Remember when choosing a strata manger, make sure you choose one that is a member of the Strata Community Association (SCA), as this is the peak industry body for strata managers.
This post appears in Strata News #163.
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.