Question: My duplex neighbour wants to change his driveway area. Can I prevent this or does he need my approval to carry out the changes?
We are a two-unit strata. Our driveways are next to each other (Basically one wide, shared driveway) and our neighbour is proposing to rip his half of the pavers up and lay concrete instead.
What are my rights in preventing this? My understanding is that we would have to agree on this.
Answer: When there are only two units, all resolutions require both units to approve the works.
When a Strata Title only has two units, all resolutions require both units to approve the works.
If you are voting on a matter where an ordinary resolution is required and one votes in favour and one votes against the vote is hung and the motion fails, meaning nothing can change, or the motion requesting a change cannot proceed.
The Strata Titles Act states that if a special resolution is required and there are only two units, then both units must agree.
As a result, in your situation if you and the other owner do not agree to the change then the changes to the driveway cannot occur.
This post appears in Strata News #517.
Carrie McInerney
Horner Management
E: carrie@hornermanagement.com.au
P: 08 8234 5777
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