MAY I ENCLOSE MY BALCONY?
The question regarding enclosing balconies is a very complicated one. A balcony may be:
Part of a section.
Part of the common property over which the owner has registered
Part of the common property over which the owner has rule created
Part of the common property over which exclusive use does not exist.
Even if the balcony forms part of a section, it is by no means certain that it can be enclosed. A balcony is usually considered to be a non-habitable area.
Enclosing the balcony would convert it to habitable area, in which case local authority permission would be essential and might not be granted.
Enclosing a common property balcony, whether or not it is an exclusive area, would be seen as an extension to the section and would require a special resolution
from the members of the body corporate as prescribed in section 24 of the Act.
In any event, enclosing a balcony would alter the outer appearance of the scheme and would be affected by the harmonious appearance rule.
MAY I BUILD A WALL AROUND MY EXCLUSIVE USE GARDEN?
The wall around an exclusive use garden forms part of the common property.
Therefore, body corporate consent is necessary.