Our committee has voted to allow the caretaker manager to put a wall up in the gym – effectively taking one third of the gym space for their own use. Also an area of common ground has been fenced off for the caretaker manager’s dog. Are the committee allowed to make these decisions without putting this to all owners at an AGM? – Leonie, QLD

Q: Our committee has voted to allow the caretaker manager to put a wall up in the gym – effectively taking one third of the gym space for their own use – storage/workshop? – even though they have a personal cage and a BC cage.

Also an area of common ground has been fenced off for the caretaker manager’s dog. Are the committee allowed to make these decisions without putting this to all owners at an AGM?

A: This matter is quite bit complex as it will depend on the use of the area.

Effectively, common property can be allocated for a caretaker’s use in two ways:

1. Allocation of exclusive use by resolution without dissent at a general meeting.
2. Agreement to an occupation authority by ordinary resolution at a general meeting.

It is recommended that the body corporate obtain legal advice on both of the above options as they require specific resolutions and the drawing up of legal documents to give the allocations effect. Click here to see our by-law drafting and registration services.

Further, the committee can not make a decision that changes the rights, obligations or privileges of owners. If owners no longer have the right to access this part of common property, it is a restricted matter for the committee and they can not give approval under the act.

If the changes have been made to the common property and all owners will still have the right for use and enjoyment of the areas as they previously had. The committee can make an improvement to common property however the value of the improvement may not exceed $300 x the number of lots in the scheme without approval at a general meeting.

If owners disagree with a decision made by the committee, we suggest they contact the Office of the Commissioner to discuss their options on how to resolve the matter.