Strata FAQ: Setting Precedents – Qld


Each edition we will be taking a frequently asked question received by our community managers and share them with you. This is part of our commitment to providing education and support for body corporate and owners corporation committees across Australia.

If you have a question that you’d like to see featured here, then let your community manager know. We’d love to hear from you.

Question:

I have recently bought a unit in that has a parking space under the building.

This parking space has an opening but not a garage door. I’d like to add a garage door like I’ve seen two other unit owners do, but when I applied for permission it was refused.

I asked the reason because as I see it, a precedent had already been set. I was told the other owners had put the garage doors in without permission many years ago so they have just let them stay.

I also asked permission to put in a split system air conditioner in but was also refused.

Several units in the building already have air conditioning units so once again a precedent has been set.

They committee told me the reason why they were refusing permission is that with several air conditions already installed, one more would make it too noisy.

What can I do?

Answer:

If you dissatisfied by any conciliation process, you have the option to put an application in to the Commissioner for Body Corporate and Community Management’s office requesting one of the two following outcomes:

  1. the garage door be approved as a precedent has already been set provided the same materials/colours/style are used, or
  2. the other garages are removed as they did not have approval.

With respect to the air conditioner, you can apply to the Commissioner’s office requesting the outcome that the air conditioner be approved as a precedent has already been set.  As the owner, you would have provide information on the air conditioning unit is to be installed and the area in the complex.



Related post

Who’s Responsible For Pest Control in a Body Corporate
Who’s Responsible For Pest Control In An Owners Corporation
Running A Business in a Body Corporate

Leave a Comment

Your email address will not be published.