Thursday, 22nd August 2019

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cloud9
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Last seen: 8 years 18 weeks ago
Joined: 13/04/2011

Hi Guys,

I was hoping for some advice. I purchased a unit in a block of 6. The back yard is fenced off into exclusive use areas. Mine is the only unit on the ground floor which would have the potential to be attached to an exclusive use area. There is a plan which is attached to the by laws and which I received during the conveyancing process. These by laws were made in 1993.

This plan shows that my exclusive use area should be approx 50 square metres attached to my back door (which has a 1 metre high balcony). However the reality is that the area closest to my back door is fenced off and contains a clothes line for the use of 2 other units. I have a fenced off area not attached to the building which is only part of what I should have based on the plan.

I have written to the committee through the managment company and they have basically said too bad, this is common area and the committee will decide where the fences should be and they will not give permission for them to be moved (the chairman owns one of the units using my area).

The by laws specifically refer to the plan and state that the exclusive use areas will be as per the plan. I wish to fence of the exclusive use area as per the plan and install a small staircase down to the yard from the balcony. The management company does not seem to know what to do from here.

I have spoken to Office of the Commissioner for Body Corporate and Community Management and they have advised me that my next step is to get quotes for the moving of the fences and raise it as a motion in the next AGM. I would assume the motion will be defeated. I am not sure what happens from there?

The committee aphave stated that the plan is a guide only and that they can change it. I have read that in order to change a bylaw there would need to be unanimous agreement not just from the committee?

They also raise that this would cut off access to another units exclusive use area (although this area would be accessible from the other side of the building) and that one of the units using the clothesline was not given an exclusive use area during the original making of the by laws.

Has anyone had any experience with a situation like this in the past? I would love to hear about it.

Thanks,

AT Strata Manager
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Last seen: 3 years 7 weeks ago
Joined: 28/07/2010

You are at the point of requiring legal advice - you have a case but you will need the services of a solicitor.

n/a
cloud9
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Last seen: 8 years 18 weeks ago
Joined: 13/04/2011

thanks for that I feared that may be the case.

kiwipaul
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Last seen: 5 weeks 4 days ago
Joined: 06/07/2011

cloud9 wrote:
Hi Guys,

I have spoken to Office of the Commissioner for Body Corporate and Community Management and they have advised me that my next step is to get quotes for the moving of the fences and raise it as a motion in the next AGM. I would assume the motion will be defeated. I am not sure what happens from there?

CORRECT but you don't have to wait for the next AGM. Get the BC manager to organise a vote once you have the quote. Once motion is defeated you can go to the BCCM Adjucition and get them to rule on the case. No solictor is involve you present your case to an adjudicator and he makes a ruling. He might even rule that BC has to pick up cost of moving the fences and his decision is final and it's enforceable. Cost is about $150.

The committee aphave stated that the plan is a guide only and that they can change it. I have read that in order to change a bylaw there would need to be unanimous agreement not just from the committee?

WRONG If the plan show exclusive use areas committee cannot reallocate them to common areas. Exclusive use areas are YOURS and you can do what you like with them. BC can reallocate common areas once a No dissent vote has been passed but exclusive use areas are YOURS just like your living room.

Has anyone had any experience with a situation like this in the past? I would love to hear about it.

Thanks,