Unit Title Act

[ninercharlie]

In a Unit Titles situation (which means that a Body Corporate is in place), what is the mechanism for approving a proprietor to allow an external alteration to a building?

Schedule 2 to the Unit Titles Act 1972 (UTA) includes the following:

A proprietor shall - Make no additions or structural alterations to the unit without the consent of the body corporate.

The real problem here is that the statute appears to be silent on what "consent" is. Does it mean a majority decision or a unanimous resolution of the Body Corporate.

Can anyone with experience in dealing with this issue please help me.

[PeterY]

No specific experience, however if it were me I would have a read of the BC constitution - it may give some insight as to BC procedures and authority over such matters. Otherwise, I would approach the BC chairman or committee (if there is one), and seek their view/ advice.

Peter

[xris]

A proprietor shall - Make no additions or structural alterations to the unit without the consent of the body corporate.

The real problem here is that the statute appears to be silent on what "consent" is. Does it mean a majority decision or a unanimous resolution of the Body Corporate.

Hello ninecharlie,

I don't see the problem.

Whether it is by majority or unanimous vote is surely not the issue. In either case it is a resolution of the body corp which is what you seem to want.

If you are interested in the workings of the body corp then I suggest you follow Peter's advice.

xris

[ninercharlie]

No specific experience, however if it were me I would have a read of the BC constitution - it may give some insight as to BC procedures and authority over such matters. Otherwise, I would approach the BC chairman or committee (if there is one), and seek their view/ advice.

Peter

I have been part of the management team. The committee that I was a part did not ever meet. A BC does not have a constitution - it has Rules. Its default rules are in Schedules 2 and 3 of the Unit Titles Act. The advice I am seeking is how to interpret part of Schedule 2.