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[Ziggy]

A couple of owners in my unit block would like to replace our 40 year old sliding doors and windows with double glazing.

is that a minor renovation? Do we need a special levy to approve this? One owner thinks we do.

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[Jimmy-T]

Installing double glazing is defined as a minor renovation (not requiring a special resolution) under Section 23 of the Strata Regulations. However, it is also subject to the rules under Section 110 (minor renovations) and possibly Section 132B (sustainability) of the Strata Management Act.

In short, I think the committee (if so empowered) could approve this but should demand a binding and continuing undertaking to maintain and repair the windows and doors at the lot owner’s expense and with the proviso that it wouldn’t alter the outward appearance of the block.

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[Ziggy]

The issue of double glazing is now on a general meeting’s agenda. But the motion states it requires a special resolution to pass.

How do I object to this at the GM?

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[Jimmy-T]

It strikes me that a Special Sustainability Resolution is the easiest way to get an agreement that obliges the installer to agree to maintain and repair the windows and doors as need be.

Just go to the meeting and ask that it be amended to a Special Sustainability Resolution – which only requires a 51 per cent vote in favour (like any other)

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[Ziggy]

Hi Jimmy, my issue of double glazing continues. Take the words “installing double or triple glazed windows” for instance. Does that only include the glass or the glass AND the frame? That is, replacing the lot with exactly similar style, dimensions, colour etc.

Now I’m being told I need a by-law because it’s a major renovation and requires one. Our previous SM and SC approved the works but this SM and SC will have none of it. It has taken two years to get the documentation of the works sent to me because of government processes.

You suggest an easier way to go would be the Special Sustainability Resolution. Would having double glazing come under that resolution? And why?

 

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[Jimmy-T]

Ziggy wrote:

Take the words “installing double or triple glazed windows” for instance. Does that only include the glass or the glass AND the frame?

I don’t think you can separate the glass from the frame in double glazing.  The government has moved the definitions of sustainability renovations from the sustainability clause to just making them minor renovations under section 28 of the Regs.

Your problem may be that you are referring to doors wheras the Act refers to windows.

Double-glazing is a sustainability issue becaus it reduces the need to artificially heat or cool.

 

 

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[Ziggy]

Thanks Jimmy, I’ll follow your suggestion re sustainability renovations.

Just out of curiosity, is there a time limitation on decisions made at general meetings? So, if a motion to approve the double glazing of doors was unaminously accepted by the owners at the meeting over two years ago, can the SC demand that the owners go to a meeting again over the matter?

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[Jimmy-T]

There seems to be a general principal in strata that a decision made at a certain level can only be rescinded at that or a higher level. Therefore a decision made at an general meeting would have to be rescinded at a general meeting for it to require reconsideration.  I say that with my bush lawyer hat on so it’s just my opinion, not 100 per cent reliable advice.

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