#51690
Strata Answers
Flatchatter

    The greatest challenge you face is how to manage the remediation of your windows and balustrades as a single cohesive project when your strata scheme is pre 1974 and these items are lot property, not common property.

    As has been said you cannot turn the clock back and ” convert to a post 1974 setup”. What you can do is put in place a regime whereby the maintenance and repair of these items becomes, by agreement, the responsibility of the owners corporation. This is what I think your lawyer  must have had in mind.

    You need to create a by-law that will vest in the OC responsibility for the upkeep of these items ( I don’t think adopting the Common Property Memorandum will help much here as it is very specific about what can be  included and excludes windows etc in pre 1974 buildings).

    Your by-law will need the unanimous agreement of all owners if you need it to cover all lots. It’s not a question of just obtaining a 75% vote, because when a by-law modifies the rights and responsibilities of individual owners, their individual CONSENT  is needed.

    This is of course not legal advice – you have your lawyer. –  but just seeking to explain the process. It is a well tried path because many ageing and older buildings have faced situations similar to yours. There is some energy required to obtain the agreement of all owners but, given that you are not seeking to raise funds, but rather to dispense them on something owners would normally have to pay for themselves, you should not face much opposition.

    Discussions around style, design, contractors etc would then take place via meetings of your Strata Committee and General Meetings of Owners as for any owners corporation project.

    We trust this helps.

    John Hutchinson
    m: 0418 797470  e: john.hutchinson@strataanswers.com.au
     
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