To build a permanent pergola that uses common property airspace you will need either:
- exclusive use rights to that part of the common property airspace; or
- an indefinite lease or licence.
Both of these require a resolution without dissent at a general meeting. If the pergola is only temporary, then you may be able to obtain a lease or licence by way of special resolution, but this depends on the length of the lease or licence and the regulation module applying to your scheme.
In addition to the above, a pergola extending into the common property airspace will generally constitute an improvement to common property. That is likely to require an ordinary resolution, depending on the cost of the pergola. It is also important to check your by-laws as approval to changes in the appearance of your lot is likely to also be required.
Alanna Hill
Mathews Hunt Legal
E: alanna.hill@mathewshuntlegal.com.au
P: 07 5555 8000