Erecting a Wendy House on an EUA

One of the owners of the scheme wants to put a Wendy House in the garden at the back of the unit. One of the Trustees says this is an extension of a section and the sectional plans must be amended etc. Another Trustee says it is not a permanent structure and they Googled to see that the Trustees can give permission for a structure in an exclusive use area (EUA)

The ST Act talks about “extending the boundaries or floor area of the section” and the procedure that needs to be followed – this was covered in another Question of the Week. 

My opinion is that erecting a Wendy House does not extend the floor area or boundaries as it is not a permanent fixture. 

We then have to look at an improvement and what procedure to follow.  But first, we will have to determine if the garden where the Wendy House will be erected is common property or an exclusive use area.  We dealt with improvement to the common property in another Question of the week. 

Let’s assume the garden in question is an EUA – the Trustees that asked Google came across an old article on the subject; always advise them to look at the date on an article – in the previous Act, the Trustees had the right to give permission for an improvement to the EUA.  In the STSM Act, you need an ordinary resolution for this.  We have a Question of the week on this as well.

PMR 30

(g) construct or place any structure or building improvement on an exclusive use area which in practice constitutes a section or an extension of the boundaries or floor area of a section without complying with the requirements of the Act and the Sectional Titles Act; provided that the body corporate may by ordinary resolution —

  • give consent for such a structure or building improvement, if they are satisfied that it does not require compliance with such requirements;
  • prescribe any reasonable condition in regard to the use or appearance of the structure or building improvement; and
  • withdraw any consent if the member or other occupier of a section breaches any such condition.