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Unusual request

By Antoinette Pedro on Sat, 09 Feb 2019 at 21:22

Occasionally over the years there would be unusual requests made for trustee approval. e.g. A tenant requesting whether their church can use the complex pool for a baptism.

The latest unusual request is from a tenant in the film business to film in his unit. However this would have an impact on common property. Firstly the number of crew are 40. We are a medium sized complex of 48 units. Cables being lead over a boundary wall which would mean electric fence would need to be switched off. Request comes at very short notice - 5 days before the shoot. The owner of the unit has not put in the request - the tenant has. Liability issues for residential complex not geared for commercial activity? Security with respect to electric fence, gate access, the influx of 40 odd strangers. Insurance consideration if there is damage to common property? Trustees all work and not available to oversee or supervise that conduct rules are adhered to. There are many questions not to mention that other owners have no input, given the short notice.

Broadly speaking when such unusual requests are made, how should trustees approach this. I feel trustees would overstep their mandate and authority to approve such requests without getting approval from all owners first.

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RE: Unusual request

Graham Paddock replied on Mon, 11 Feb 2019 at 15:37

This would be a most abnormal use of common property. Your security and other concerns appear valid.
Bodies corporate only have the powers listed in the Sectional Titles Schemes Management Act and their rules. There is nothing I know of in that Act or the prescribed rules that gives the trustees the authority to give this permission.

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RE: RE: Unusual request

Antoinette Pedro replied on Tue, 12 Feb 2019 at 12:53

Thank you very much for the confirmation.

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