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A older owner in the block has asked for a metal rail be installed on a wall opposite a lift to assist her balance to get up the two steps.
What is the process for her request? What would she need to provide for the OC to consider . What is the responsibility of the SC and OC?
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Changes that alter the appearance or surface of the common property (in this case the wall opposite the lift) require approval by special resolution at a general meeting.
Ideally, she should get a couple of quotes (the Committee may prefer to get it’s own quotes, but as a Committee member, I find it helpful if an owner who wants something done contributes to the work), and she would make a request in writing to have the rail installed. She might consider putting forward several options with prices: a standard “disability” type of rail or something stylish and in keeping with the general decor that would still meet her needs.
I’m not sure what she should do if the Committee ignores her request (it’s important that the request is in writing, and dated). If there is a strata manager, she can get advice from that person on next steps if she doesn’t hear from the Committee. If all goes well, a general meeting will be called and a motion put forward to install the rail.
If the Committee is being difficult, an offer to pay for the rail and installation might help.
It’s worth noting that, for the purposes of non-discrimination, the Ageing and Disability Commissioner Act groups people with age-related issues along with people with other disabilities.
It’s also significant that the SSMA section 5 states that changes to common property for accessibility require only a simple majority (not a super-majority as for a special resolution) while section 132C outlines the issues the scheme should consider including “the extent to which the use of the accessibility infrastructure will be available to all or some of the lots in the strata scheme” and “the extent to which not installing the accessibility infrastructure will cause or be likely to cause detriment to be suffered by … the person requesting the installation of the accessibility infrastructure.”
But there’s another potentially overriding consideration – Safework NSW says that stairs must have at least one handrail if they are narrow and one on each side if they are wider. It also defines stairs as having at least two risers. So it could be that the strata scheme doesn’t have a choice – if there are stairs, there should be a handrail.
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This should be under health & Safety. Ie: if the person has aged care can’t they request a rail for someone disabled? It would help visitors to the property too in regards to safety. Should be a fairly inexpensive thing to do & surely common sense would suggest it’s a necessary not a nice to have
If the hand rail doesn’t reduce the width to an unacceptable level then by all means install it.
You may need to determine if there is a minimum width for the hall, especially when people are moving in and out of the building.
Otherwise, we all get to the stage where we appreciate a good hand rail.