Thursday, 17th August 2017

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Lloyd
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Last seen: 1 year 46 weeks ago
Joined: 26/03/2012

Hi All,

The Service Manager currently resides in a unit 001 which is specified in the Service Managers Agreement. They have put a motion to say that "either Lot 001 or any other lot in the scheme of which the Service Contractor and Letting Agent is the registered owner of lessee'

It passed but a lot of the owners said No and they are now concerned that this means they could occupy anyone’s lot.

The BCCM AccomMod Reg 2008:
The Body Corporate may give an occupation authority only if the occupation of the part of the common property under the occupation authority would not interfere to an unreasonable extent with the use and enjoyment of a lot or the common property by an occupier of a lot.

I don’t believe the Body Corporate can approve nor have the authority to vote on any other lot in the scheme when owners have said no and since the lots in the scheme are not common property they have no authority to vote.

At a minimum the vote should have been without dissention as it involves everyone’s lot and if one person was not happy with them with the possibility of using their lot then it would not happen.

Does anyone else have similar reference in their schemes? And know if it can be done like this?

Any advice is appreciated.

rahu12
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Last seen: 12 weeks 6 days ago
Joined: 18/05/2017

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