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It’s always a problem when the needs of a minority in a strata plan are going to cost the majority money. That’s even more true when there’s no appreciable benefit that most owners can see … in this case, literally.
QUESTION: Due to the peculiar shape of our block a large portion of common property is at the rear of the building. This area is full of weeds, dead leaves and has not been maintained in years.
The vast majority of the unit holders live in the front so they are not bothered and the majority will vote that we don’t want to spend money on the rear. Can anything be done about this? – bpositive (via Flat Chat Forum).
ANSWER: OK, let’s get one thing clear, Owners Corporations have a duty to maintain common property that they can’t legally shirk.
Fine, but what if the building is structurally sound, isn’t that enough? The part of the Strata Act explaining when an OC can decide not to fix Common Property, specifically excludes the appearance of the building.
Sorting out those double negatives, the law seems to be saying you have to maintain the look of your building.
So Bpositive can go to his EC and ask them to start making plans to tidy up the wasteland at the back. Or they could spend the money on a legal battle they are probably going to lose.
And if that doesn’t convince them, they should note that physical appearance is the most telling sign for prospective buyers of how well or badly a building is being run.
Meanwhile, we are pleased to bring you the chance to win one of five $200 Coles Myer Gift Cards just by offering your opinion on the management of your strata scheme.
The prizes are an enticement to strata owners to take part in a survey by the University of NSW Faculty of the Built Environment’s ‘Governing the Compact City’ project.
The survey is already up and running but why not get in early by logging on to cityfutures.net.au and clicking on the ‘Strata Survey’ link.
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