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Has anyone come across this?
Rather than go through the hassle of special resolutions and bylaws for your addition, just make friends with the strata manager and/or executive committee and get them to sign a lease of common property.
The lease might be to use enough common property to attach to, enclose or whatever your needs are.
The simple answer is no.
A lease of common property requires a special resolution of the owners at a general meeting, the Committee does not have the power to approve a lease of common property.
If the owners approve it, the lease must be lodged with the Registrar General. Note that a term exceeding 5 years requires a plan of subdivision, and according to the Land Registry website is not acceptable.
Essentially, you can’t use a lease to get around the requirements of the Act. After the period of the lease anything on the common property would have to go.
Would this also apply to approval to install and maintain solar panels on the roof? Not actually a lease but approval to use part of Common Property.
Application for solar installations from three units has been approved by the Committee, subject to a list of conditions approved by owners at a General Meeting. All done as directed by our Body Corporate Manager.
Whilst not a formal lease, is there any time limit on the approval?
Kenuppa – are you in Queensland? If so I am not in a position to answer that question. It is my understanding amendments were made to the Building Act in that jurisdiction to allow for installation of solar panels – the Committee can impose conditions.
Have a look here.
In NSW you would be granting exclusive use of the relevant area so that the panel could be installed, usually you would look at a by-law that includes provisions relating to the owner taking responsibility.
In that case there is no time limit (unless the by-law says that there is), an exclusive use by-law runs with the property.
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