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[Willie]

We are a block located in NSW. Our EC is considering repainting the internal common areas and replacing the carpet. The costs involved are well within the EC’s expenditure limit. Our Strata manager has advised that as long as the new paint and carpet are not “significantly different” to the current items the EC can authorise the works.

My concerns are that “significantly different” is a very subjective qualification and what one person considers not significant may not be the same as another person. The owners who are not on the EC usually show very little interest in the maintenance/administration of the building but I am worried the EC could be accused of exceeding their authority.

Can any of the strata gurus provide some guidance on this issue?

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[Sir Humphrey]

The managing agent’s advice seems reasonable to me. If this is simply maintenance and not substantially different from what was there before and within the budget for maintenance, then just get on with it. 

If the EC has some doubt about whether most owners would regard its proposed paint and carpet as sufficiently similar, then perhaps it could do an informal straw poll or just knock on some doors with the carpet swatch and ask enough people if they would be happy with the EC’s choice, or pick your top three and ask people to express their preference among those. 

Don’t be intimidated by just one or two who are noisy about not liking a choice. They probably won’t like anything you choose. Just reassure yourself that a silent majority will be happy that the carpets are getting fixed.

If anyone complains tell them that all the owners could be sued collectively for failing to fix the worn carpet if someone trips and falls down the stairs because you didn’t replace it soon enough. 

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[scotlandx]

If the foyer is currently painted white, and the EC proposes to paint it blue, then that is a change that is significantly different.

If the current carpet is beige, and the EC proposes to change it to dark green, then that is significantly different.

In both those cases, or a combination where a reasonable person would say it was a shift away from the current colour scheme, then the EC should put it to the OC as a whole.

I suggest the best approach is for the EC to come up with the proposed paint and carpet choices and if they are similar to what is currently there, send a notice to all the owners prior to the EC making its final decision.  All owners have a right to attend the EC meetings so if the EC wants to proceed on the basis that it is not an OC matter, when you send out the notice of EC meeting any owners who have concerns can raise an objection.  If they don’t then you are fine to proceed.

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[Willie]

Thanks Scotlandx, that sounds like a common sense approach that will not unduely delay the process but will provide a bit of a safety net.

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