Upgrading the building’s common property requires a special resolution (under section 108 of the Strata Schemes Management Act) at a general meeting.
Two points.
- It’s a lot easier to get approval for by-law changes if you can convince the committee to get on board with the idea before you go looking to pass by-laws. Convince them that it will enhance the value of everyone’s homes.
- Does it really require a 75 per cent vote? Under Section 5 of the Act, “Resolutions of owners corporations”, a resolution of an owners corporation is a special resolution if… the resolution is a sustainability infrastructure resolution—less than 50% are against the resolution.
Under Section 132B (2) “Financing and installation of sustainability infrastructure”, sustainability infrastructure means changes to part of the common property (which includes the installation, removal, modification or replacement of anything on or forming part of that property) for any one or more of the following purposes—(a) to reduce the consumption of energy or water or to increase the efficiency of its consumption,(b) to reduce or prevent pollution,(e) to reduce greenhouse gas emissions,(f) to facilitate the use of sustainable forms of transport.
Surely all of a,b, e and f apply to a bicycle rack, which means all that should be required is a 50 per cent vote in favour at a general meeting. Worth pursuing from that point of view.