ACT: Q&A Applying for alterations – Approving use of common property

Lot owners are concerned about unapproved alterations to townhouses in their scheme in ACT.

Table of Contents:

• QUESTION: We have a rarely used, narrow common property passageway. To improve the space, we are considering approaching a lot owner about using part of their private courtyard. Is this possible?
• QUESTION: I would like to install an external blind on my common property living room window. Can the Executive Committee approve my application if it meets their categories e.g colour, responsibility, etc?

Question: We have a rarely used, narrow common property passageway. To improve the space, we are considering approaching a lot owner about using part of their private courtyard. Is this possible?

We are a complex of 17 class A units in the ACT. Our complex has a narrow passageway between our garbage room and a private courtyard. The walkway has access issues and poor lighting. The area cannot be used by removalists when residents move in and out, does not provide wheelchair access or fit a shopping trolley.

We’d like to widen the walkway. The only solution seems to be moving the wall into a private courtyard by approximately a foot. Can this be done? Can we approach the owner and suggest an easement or lease of the required space?

We are aware the owners corporation would be responsible for all costs. Is this the best option or should we be following a different path?

Answer: As they say, anything is possible.

As they say, anything is possible but, achieving what is proposed will likely involve the cooperation and compensation of the lot owner, the adjustment of the units plan (including the approval of the ACT Government), potential advice from expert(s) (eg a structural engineer) and the passing of a resolution(s) by owners at a general meeting.

This sort of question really requires the engagement of lawyers for paid legal advice.

Christopher Kerin
Kerin Benson Lawyers
E: enquiries@kerinbensonlawyers.com.au
P: 02 8706 7060

This post appears in Strata News #642.

Question: I would like to install an external blind on my common property living room window. Can the Executive Committee approve my application if it meets their categories e.g colour, responsibility, etc?

I would like to install an external blind on my living room window. This external wall where the blind will be installed has been determined to be Common Property.

I have read the Unit Titles (Management) Act 2011 Effective 09/04/21 page 119:

2.4 Approving use of common property

Can the Executive Committee approve my application if it meets their categories e.g colour, responsibility, etc?

Answer: Legislation does allow the Executive Committee to approve the use of the common property for minor use.

For this particular scenario, Schedule 2, Part 2.1, Section 2.4: Approving use of common property does allow the Executive Committee to approve the use of the common property for minor use.

The example given in fact states Air Conditioner or Awning that extends over the common property.

However, other considerations need to be reviewed by the committee, such as, has any other unit already installed such an awning.
If not, what precedence will this set and what colour or style should the awning be?

It would be in the best interest of the Owners Corporation to make an Alternative Rule under Section 108 of the UTMA (2011) which sets a precedent for the Owners Corporation).

Don’t forget that Special Resolutions passed under Section 108 now need to be registered with the Land Titles office within 3 months of the motion being passed.

Mark Zezulka
ACT Division Manager
Civium Communities
E: mark.zezulka@civium.com.au

This post appears in Strata News #470.

Read next:

• ACT: Common Property Boundary Lines – Class A and Class B
• ACT: Q&A Can you install floorboards in strata units in older buildings in Canberra?

This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.

Visit Maintenance and Common Property OR Australian Capital Territory Strata Legislation

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