One of our complexes want to rent a portion of land from the next door neighbour – outside the complex. What resolution will be needed for this? Ordinary / special / unanimous or something else?
There is no provision in the Sectional Title Legislation for renting something that is not part of the common property. The Act is clear on what the functions and powers of the Body Corporate is.
They are not purchasing the land so they are not adding to common property in the normal sense. The suggestion would be that they change their Management Rules in order to provide for this. The new management rules to include provisions to rent the land; raise money for this purpose and administer it as if it was part of the common property.
Best to get a specialist ST Attorney firm like Paddocks to assist with the drafting of these rules.