A body corporate needs to enclose a portion of common property to create a storeroom for body corporate use. What is the process to implement this change to common property?
ELA
EstateIQ Legislative Assistant
To enclose a portion of the common property for a storeroom to be used by the body corporate (not for exclusive use by a specific owner), you may proceed under the provisions that govern improvements to common property and general use by the body corporate. Here's how you can approach it:
✅ Step-by-Step Process to Enclose a Storeroom for Body Corporate Use
Since the storeroom will be used by the body corporate and not allocated as an exclusive use area to any specific owner, it is classified as a "non-luxurious improvement" to the common property.
📌 Reference: Management Rule 29(2), Annexure 1
Trustees must give written notice to all owners detailing:
- the estimated costs associated with the proposed alterations or improvements;
- how the body corporate intends to meet those costs (including details of any special contributions or loans); and
- a motivation for the proposal, including:
- drawings showing the effect, and
- a motivation of the need for the improvement.
- a provision that if a member requests a general meeting to discuss it, a special resolution is required.
📌 Owners must be given 30 days to submit a written request for a general meeting if they wish to discuss the proposal.
If no member submits a written request for a general meeting within 30 days of the notice, the trustees may proceed with the improvement.
If any member does request a general meeting, the improvement may only proceed if it is approved by special resolution at that meeting.
📌 Reference: Management Rule 29(2), Annexure 1
Once approved (either by default or resolution), the trustees may proceed to enclose the space and use it for body corporate purposes (e.g. storage of tools, records, etc.). No change to the sectional plan or registration of exclusive use rights is required, as the area remains part of the general common property.
Summary Table
| Action | Legal Basis | Notes |
|---|---|---|
| Identify area for storeroom | — | Must be common property |
| Notify owners in writing | Management Rule 29(2), Annexure 1 | Include all required details and motivation |
| Wait 30 days for requests for GM | Management Rule 29(2)(c), Annexure 1 | If a meeting is requested → special resolution required |
| Proceed with enclosure | Management Rule 29(2), Annexure 1 | If no meeting is requested, trustees may proceed |
🚫 Do You Need to Register It as an Exclusive Use Area?
No – because the storeroom is not being allocated to an individual owner for their exclusive benefit. The area remains common property available for body corporate use.
ELL
EstateIQ Legal Lookup
📘 Legislative References
Management Rule 29(2) (Annexure 1)
The body corporate may propose to make alterations or improvements to the common property that are reasonably necessary; provided that no such proposal may be implemented until all members are given at least 30 days written notice with details of—
(a) the estimated costs associated with the proposed alterations or improvements;
(b) details of how the body corporate intends to meet the costs, including details of any special contributions or loans by the body corporate that will be required for this purpose; and
(c) a motivation for the proposal including drawings of the proposed alterations or improvements showing their effect and a motivation of the need for them; and if during this notice period any member in writing to the body corporate requests a general meeting to discuss the proposal, the proposal must not be implemented unless it is approved, with or without amendment, by a special resolution adopted at a general meeting.
📖 Further Reading
For a comprehensive guide on this topic, read our detailed blog post:
Extensions and Change of Use in Sectional Title Schemes →