My apartment opens out to a lawn that is described as common property but exclusive use and this is covered by a by-law. This area is being extended by the building of a seawall protecting the property. Because of privacy and security reasons I want this new area to be classified the same and to go to the new physical extremity of the lawn in front of my place. If this is not agreed by the owners corporation, can I challenge it? – Bob, NSW

Q: My apartment opens out to a lawn that is described as common property but exclusive use and this is covered by a by-law.

This area is being extended by the building of a seawall protecting the property.

Because of privacy and security reasons I want this new area to be classified the same and to go to the new physical extremity of the lawn in front of my place.

If this is not agreed by the owners corporation, can I challenge it?

 

A: You may be able to challenge the decision, although it will ultimately come down to a special resolution.

It may be worth checking your current by-law to ensure that it doesn’t already have conditions surrounding extensions of the area. Also, since you have a by-law in place already, you may be able to argue that it would just require an update during your next meeting where a vote may take place.

For more help with your strata by-laws, try Kemps Petersons Legal who are highly experienced in handling strata-related by-laws and provide a wide range of legal strata services. Click here to learn more and book a consultation.