This video and article about valid common property lease or license has been provided by Rochelle Castro, RC & Co Lawyers.
If you are claiming a lease or license over the common property of your development, it is not enough to rely on that document signed by the owners corporation which could be called a lease or license
Section 14 of the Owners Corporations Act requires that the owners corporation must pass a Special Resolution authorizing a lease or license over common property so that the license or lease that you are relying upon becomes valid
In the absence of Special Resolution proof you could risk having that piece of common property that you are relying upon to lease or license to be taken back by the owners corporation based on case law.
This post appears in Strata News #416.
Have a question about valid common property lease or license or something to add to the article? Leave a comment below.
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