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Our owners corporation (in NSW) intends to ask the adjacent neighbour to contribute to the cost of repairs to the boundary fence. I suspect that although arranging the actual repair work is within the delegation to the Strata Manager, creating and sending a Notice to Fence, then negotiating a signed agreement, probably requires suitable instructions being issued to the Strata Manager.
Would it be appropriate for the Strata Committee to pass the resolutions, or should a general meeting of the Owners Corporation start the ball rolling?
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Would it be appropriate for the Strata Committee to pass the resolutions, or should a general meeting of the Owners Corporation start the ball rolling?
The strata committee acts for and effectively is the owners corporation in all but a very few specific circumstances. So yes, issue the instructions and let the squabbling commence (until the other guys read the Dividing Fences Act).
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‘Repairs to boundary fence’ suggest maintenance to me. This would be paid for out of the Administrative Fund.
Section 79(1)(a) of the Act states the Admin Fund is to be used “(a) to maintain in good condition on a day-to-day basis the common property and any personal property vested in the owners corporation, and”
Therefore, if this is the case, I would conclude the Strata Committee can approve the works.
If the works were ‘to repair or replace’ then it must be funded from the CWF. Section 79(2)(e) states “to replace or repair the common property,”. Then it should have been in the budget. If not, an EGM may be required to approve the expenditure, and as such, the SC not be able to approve the expenditure.
Having said that, they may have been given delegated approval to expend a limited amount at an AGM. Size of repair then comes into play.