Disagreements between owners regarding which works should be undertaken in relation to common property, and how to pay for them, often happen. Acrimony in an owners corporation is not always equivalent to dysfunction requiring the appointment of a compulsory strata manager.
Stratanaive stated a special resolution to install a new lift was passed at an AGM. This indicates that the works are considered to be outside the duty to repair and maintain common property under s106, and are an improvement or enhancement to the common property covered by s108.
Given the ensuing disputation and confusion which has arisen and progressed to action in NCAT the owners corporation should obtain professional advice.There is relatively recent Supreme Court authority which explains the extent of the duty to repair and maintain common property, the powers of the owners corporation to carry out repairs and maintenance, and discretionary works under s108. The test for what an owners corporation “must”do is spelt out. Coincidentally, the case also involved the replacement of an aged lift.