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[Jimmy-T]

QUESTION: How small is a change to common property and what is the limit of Executive Committee responsibility if there are no “Section 21” restrictions on them?

I have been advised that unless Development Approval (DA) is required, works are not to be considered to be altering the common property e.g. a DA exempt bin containment area replacing bins left just standing round on a patch of dirt.

An extreme example: a $10 trellis attached to a common wall to allow a Star Jasmine grow as a feature to replace a diseased tree which was damaging the foundations and needed to be replaced was considered by our strata manager to be out of the scope of the Executive Committee to instruct the gardener to put in place. No problems about removing the tree though. Who is right?

ANSWER: You don’t need a change to common property to require a Development Approval from the council before it needs approval by the owners Corp – it’s more about how big the change is and and what are the implications for ongoing repair and maintenance of common property.

A trellis is well within the scope of an Executive Committee or general meeting to approve because it’s really just a few holes drilled in a wall.  Common sense should be the guide here, with the main test being where if any, are there potential problems.

And getting back to the first part, there are plenty of changes to common property that require owners corp approval – like changing your electrics inside a common property wall, for instance – that don’t need a council DA.

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