#57947
Jimmy-T
Keymaster

    Section 110 of the strata Act says this:

    (1)  The owner of a lot in a strata scheme may carry out work for the purposes of minor renovations to common property in connection with the owner’s lot with the approval of the owners corporation given by resolution at a general meeting. A special resolution authorising the work is not required.

    (2)  The approval may be subject to reasonable conditions imposed by the owners corporation and cannot be unreasonably withheld by the owners corporation.

    The key words in there are “in connection with the owner’s lot”.  Is the lift lobby “in connection with” your apartments? Many owners would say yes.

    The other key condition is that approval can’t be unreasonably refused. Again, the definition of unreasonable  could keep lawyers busy for months.

    If the committee refuses I suggest you propose a motion for the next general meeting which states:

    1. That one specified lot owner on that floor – and subsequent owners of their flat – will take responsibility for the maintenance of the picture rail, in perpetuity.
    2. That a simple majority of owners on that floor (3 out of 5) will determine the choice of the pictures.
    3. That nothing offensive will be hung and will be removed immediately for further consideration if there is any complaint.
    4. That the owners on that floor will pay any additional costs for insurance (there won’t be any) and the pictures hung there will be there at their owner’s own risk and there will be no recourse to the owners corp if the they are stolen defaced or damaged.

    Our block allows the residents of each lift lobby to decide if they want pictures and even console tables.  The floors that have them all look different and it elevates the tone of the whole building.

    And to answer your committee’s specific objections, the lot owners on that level will choose the pictures and there is no such thing as precedent in these matters – each issue in strata is decided on its merits.

    When the issue gets to your next general meeting, make it clear that you will pursue this all the way to NCAT if necessary, so doing nothing is neither the best nor the cheapest option.

    On a positive note, let all the other owners know that this establishes a format (not a precedent) through which they could brighten up their lift lobbies.

    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.