#53047
Jimmy-T
Keymaster

    OK, that changes everything (I think).  I am now reading this that you have 18 lots, physically split into two stairwells, one servicing six units and the other servicing 12. You now need to persuade three other owners with unit entitlements, including yours, totalling more than 25 percent of the UEs for the whole block to object to the proposal.

    Ruling a motion out of order can only be done if it would be in conflict with other by-laws, in conflict with superior laws (such as local council planning) or unenforceable.

    I suggest you contact the council to find out if planning permission would be required and if so, that may be your option for ruling it out of order.

    By the way, it’s a quirk of strata and planning laws that you don’t have to bring common property in older buildings up to code unless you are changing it, in which case you do.

    It may be that the installation of the stairlift alters the usable width of the stair to render it non-compliant and according to the literature that I have found referencing Australian Building Standards, the stairs would have to be 600 mm wide.

    If the the installed chairlift reduced the effective with of the stairs below 600 mm, you might have grounds for ruling the motion out of order.

    If not, then the way forward may be to find a compromise that is the least intrusive or disruptive.

    And in the meantime try to alert as many owners as possible to the simple fact that they have not been given enough information on which to decide on this, that as a result they don’t know the long-term implications of this, and if they make the wrong decision now it could cost them financially in the long run.

    Just don’t make it personal – that way lies unnecessary pain and grief, and often bad decisions made for the wrong reasons.

    AS 1657 – 4.1 WIDTH AND ANGLE OF SLOPE

    • Stairways shall be not less than 600 mm wide measured between the inside edges of the handrails.

    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.