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An owner insists on costly replacement of “drummy” tiles. THe tiles are sealed and look in good shape but some are “drummy”. The SC believes that it has grounds under 106,3 amd 106.4 to deny the costly repairs as they do not breach any of those exclusions. Do you think we are on reasonable grounds?
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The sections quoted say this:
(3) This section does not apply to a particular item of property if the owners corporation determines by special resolution that—
(a) it is inappropriate to maintain, renew, replace or repair the property, and
(b) its decision will not affect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme.
(4) If an owners corporation has taken action against an owner or other person in respect of damage to the common property, it may defer compliance with subsection (1) or (2) in relation to the damage to the property until the completion of the action if the failure to comply will not affect the safety of any building, structure or common property in the strata scheme.
Not sure where (4) comes in but if you can get a special resolution through and the tiles are other wise sound and safe, you might get away with it.
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