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By-passing special resolutions and by-laws
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JeremyS
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09/01/2019 - 10:26 pm
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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.

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scotlandx
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10/01/2019 - 7:20 am
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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.

http://rg-guidelines.nswlrs.co…..n_property

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.

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Kenuppa
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10/01/2019 - 10:05 am
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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?

 

Regards,

K

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scotlandx
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10/01/2019 - 11:10 am
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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.

http://mccolmmatsingerlawyers……t-lawyers/

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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Kenuppa
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11/01/2019 - 8:18 am
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Thanks scotlandx,

 

Yes I am in Queensland.

You reply and link to further information indicates that we are ok.

 

Regards,

K

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