If a lot owner has breached rules as well as resolutions made at 4 AGM’s and the OC has admitted that they have breached the above, when is a Rectify Breach Notice the next step? – Jennifer, VIC

Q: If a lot owner has breached rules 4.1.1, 4.1.2, 4.3.1, 4.3.2 as well as resolutions made at 4 AGM’s and the OC has admitted that they have breached the above, when is a Rectify Breach Notice the next step? Is a lot owner able to change common gardens without approval? What is the usual procedures in place regarding seeking approval for a change to common gardens? Am I correct in stating that the Lot owner requesting permission must submit a detailed plan of what they want to do with regard to any structural and planting changes prior to an AGM for the information and discussion of Lot Owners prior to any changes no matter how big or small occurring?

A: You are indeed correct with the process of required procedures to alter common property.

A lot owner should not be able to change common property’s appearance or structure without approval, however, there may be cases where the changes are small enough that it is permissible.

If the lot owner has breached the rules and the act has been acknowledged by the owners corporation then a notice to rectify breach should be sent to the offending lot owner.

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