#50430
Jimmy-T
Keymaster

    As we have said before, strata law does not require a special resolution or a by-law for the installation of double glazing.  It does however require permission that should not be unreasonably refused. You need to send your committee secretary a letter to this effect.

    Something along the lines of:

    To: Secretary of Strata Scheme [Number]

    Ref: Double-glazing

    I note from your recent minutes that you have asked me to provide a special resolution by-law for consideration at a general meeting. Under the NSW Strata Schemes Management Act 2015 and Strata Schemes Regulations 2016, the installation of double-glazing is deemed to be a minor renovation and minor renovations only require permissions (which may not be unreasonably refused).

    Specifically, Part 4, 28(e) of the regulations says double-glazed windows are a minor renovation. Meanwhile section 110 of the strata Act says minor renovations only require approval, which can be given by the committee (if it has delegated authority to act on behalf of the owners corporation, as most do).

    (1) The owner of a lot in a strata scheme may carry out work for the purposes of minor renovations to common property in connection with the owner’s lot with the approval of the owners corporation given by resolution at a general meeting. A special resolution authorising the work is not required.(2)  The approval may be subject to reasonable conditions imposed by the owners corporation and cannot be unreasonably withheld by the owners corporation.

    I look forward to hearing what conditions for the installation the committee might require.

    That is not legal advice but it is precisely what I would do.  Given your admitted lack of experience in strata matters, you might consider talking to someone like our sponsors, StrataAnswers or an experienced strata lawyer (like our other sponsors Sachs Gerace) about representing you in this.

    Free advice is only going to get you so far, especially when, as you say, you really don’t know how things work.

     

     

     

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