Dispute with Body Corporate

[drfuzzy]

I have a rooftop apartment in a strata complex with very high levies ($8000/year for a 1 bedder). I do have a very nice rooftop deck with views.

Today I learn that in an effort to generate some income the body corp committee has agreed to attach a large electonic sign on the roof line that will block some of my views. No other apartments will be affected.

I pay the highest levy due to my top floor position with rooftop deck and am upset by this.

What rights do I have? Do they need 100% of owners to consent or a smaller number? I am in Victoria.

 

[travelbug]

Who is on the committee?
I would think that they would need to ask the orther owners but it depeds what your bilaws state. As in, how much power do you allow the body corp to have?
If it only affects you I think others would vate for it seeing that it wll save them money.
I'd voice your concerns to the committee. Ring the strata managers and see where you stand as far as legalities.

 

[DaveM]

Will need a new bylaw added to do this, what % agreement is required to pass a new bylaw in Vic? If it is 100% then it wont pass if you disagree.

 

[chilliblue]

Document your objects in writing in a non emotional letter and forward onto the strata agent.

 

[Scott No Mates]

how far has this proposal progressed?
has a development application been made to council?
Does the sign sit on common property or on your lot?
What control measures are being put in place to minimize disturbance to you eg. from lights, noisy transformers?
has a structural engineer provided certification that the structure is adequate for the additional loading imposed (dead/live weights and wind)?
How will this affect the building insurances?
who is paying the lesdor's costs in relation to the application?
Who gets the income generated and in what proportion?

 

[Joe D]

I have a rooftop apartment in a strata complex with very high levies ($8000/year for a 1 bedder). I do have a very nice rooftop deck with views.

Today I learn that in an effort to generate some income the body corp committee has agreed to attach a large electonic sign on the roof line that will block some of my views. No other apartments will be affected.

I pay the highest levy due to my top floor position with rooftop deck and am upset by this.

What rights do I have? Do they need 100% of owners to consent or a smaller number? I am in Victoria.

I have been involved in a complex strata issue involving changes to a rooftop of a multi level apartment building. The bottom line is that the party with the deepest pockets and resolve will ultimately win the fight regardless of what the strata rulebook states.

With only you up against the rest of the owners, you chances are not good if you try to fight this on your own.

I recommend engaging a Strata Lawyer (specialist on these matters) to advise you and have them send a letter to the BC. Once the BC are aware that they will need to fight this through the State Administrative Tribunal (or equivalent in Vic) and the likely costs associated with this process they may back down a peg.

But you will also need to put a dollar figure on what it is worth to fight this.

The BC can always offer you a "settlement figure" to buy your agreement rather than fight this in court.

 

[drfuzzy]

Thanks for all the advice.
I think I panicked prematurely based on misleading information from a real estate agent. From speaking to the strata manager it seems the proposed sign is to go in a spot that is less objectionable to me. From speaking to council (port phillip) it appears it doesn't have Buckley's chance - although my apartment building is only 10 years old there is a complex heritage overlay on the site. Council policy is to refuse electronic billboards on heritage sites and restrict static boards to 2m squared.

Sounds like the huge 25m square TV billboard I'm worried about won't get off the ground.

 

[Tony3008]

Vic Owners Corporation Act

14. Leasing or licensing of the common property
By special resolution, an owners corporation may lease or license the whole or any part of the common property to a lot owner or other person.

52. Significant alteration to common property requires special resolution
An owners corporation must not make a significant alteration to the use or appearance of the common property unless?
(a) the alteration is?
(i) first approved by a special resolution at a general meeting of the owners corporation; or
(ii) permitted by the maintenance plan; or
(iii) agreed to under section 53; or
(b) there are reasonable grounds to believe that an immediate alteration is necessary to ensure safety or to prevent significant loss or damage.

96. What is a special resolution?
A special resolution of an owners corporation is a resolution passed by?
(a) if a ballot or poll is taken, 75% of the total lot entitlements of all the lots affected by the owners corporation; or
(b) in any other case, 75% of the total votes for all the lots affected by the owners corporation.

Though if you don't get 75% (which will usually be the case), a resolution passed by less than 75% is an interim special resolution, which becomes a special resolution after 29 days unless enough owners object (s.97 covers this in detail)