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A strata committee can approve minor renovations in lots, but it can’t approve cosmetic or minor work on the common property without seeking owners’ corporation approval at a costly general meeting. Why not? Can a by-law be approved by the owners’ corporation to permit the strata committee to approve cosmetic or minor work to the common property?
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I had a quick look at the act to see if it was all that strict. This is what the relevant section says:
108 Changes to common property(1) Procedure for authorising changes to common property An owners corporation or an owner of a lot in a strata scheme may add to the common property, alter the common property or erect a new structure on common property for the purpose of improving or enhancing the common property.
(2) Any such action may be taken by the owners corporation or owner only if a special resolution has first been passed by the owners corporation that specifically authorises the taking of the particular action proposed.
Note.If the special resolution is a sustainability infrastructure or accessibility infrastructure resolution fewer votes may be needed to pass it. See section 5(1)(b).I thought you might be able to push this through pre-emptively and get backdated approval at your next AGM – but then look at the wording: only if a special resolution has first been passed by the owners corporation that specifically authorises the … particular action.OK, my next thought is, what happens if you go ahead and do it? There are no StrataKops so you won’t end up in strata prison. If an owner complains, you might have to have that General Meeting or remove the installation. Someone could take you to NCAT for breaching strata law and try to have you removed from the committee or from your position for not acting in good faith.So you have to weight that up against the benefit of doing what you think is good for the building. What are the chances of that happening or succeeding?If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.