Before approving an accessibility infrastructure resolution, the owners corporation must consider the following—
(a) the cost and financing of the accessibility infrastructure and works including expected running and maintenance costs,
(b) who will own, install and maintain the accessibility infrastructure,
(c) the extent to which the use of the accessibility infrastructure will be available to all or some of the lots in the strata scheme,
(d) the extent to which not installing the accessibility infrastructure will cause or be likely to cause detriment to be suffered by—
(i) the person requesting the installation of the accessibility infrastructure, or
(ii) a person on behalf of whom the installation of the accessibility infrastructure is requested,
(e) whether the building can support the type of infrastructure required to provide access,
(f) other matters prescribed by the regulations.
Reply To: Install new lift which only benefits three units
Section 132C of the Act, cover accessibility infrastructure and it is clearly predicated on there being a request by Someone who needs it. Your chairman is a chancer and someone needs to make this clear to all the owners in the building. I would be telling them that if they approve this by anything less than a 75 per cent majority, it will be challenged at NCAT, and even if they approve it by a super-majority, it will still be challenged. In other words – if the people who benefit from the lift don’t pay for it then all the strata scheme is going to get is legal bills and no lift.
And you might take the opportunity at your upcoming AGM to get yourself a new chairman.
132C Financing and installation of accessibility infrastructure