#69128
Jimmy-T
Keymaster

    Setting aside concerns for soaring energy costs and global warming, sadly typical of Victorian strata law, this is not as simple as it should be. You will need a special resolution to change common property which requires a vote in favour of 75% of all owners (not just those voting at the meeting) or 75% of unit entitlements (ditto), if a poll vote is taken.

    However, if the vote at the meeting is more than 50% of all owners in the block in favour, and fewer than 25% vote against, it is considered an interim special resolution, in which case owners must be informed withing 14 days and then objectors have 29 days to raise a 25% vote against, otherwise it becomes a special resolution.

    No wonder Victorian strata is such a mess.  How does anything significant ever get decided?

    In this specific case, the following may be significant:

    An owners corporation must not make a significant alteration to the use or appearance of the common property unless … there are reasonable grounds to believe that an immediate alteration is necessary to ensure safety or to prevent significant loss or damage.

    Otherwise, here (below) are the requirements for changing common property under non-emergency circumstances.

    OWNERS CORPORATIONS ACT 2006 – SECT 52

    Significant alteration to common property requires special resolution

    An owners corporation must not make a significant alteration to the use or appearance of the common property unless—

    (a)     the alteration is

    S. 52(a)(i) amended by No. 2/2008 s. 12(2).

    (i)     first approved by a special resolution of the owners corporation; or

    (ii)     permitted by the maintenance plan; or

    (iii)     agreed to under section 53; or

    (b)     there are reasonable grounds to believe that an immediate alteration is necessary to ensure safety or to prevent significant loss or damage.

    OWNERS CORPORATIONS ACT 2006 – SECT 53

    Upgrading of common property

    (1)     An owners corporation may by special resolution approve the carrying out of upgrading works for the common property and the levying of fees on lot owners for that purpose.

    S. 53(1A) inserted by No. 78/2013 s. 7.

    (1A)     Subject to subsection (1B), the fees must be based on lot liability.

    S. 53(1B) inserted by No. 78/2013 s. 7.

    (1B)     Fees for upgrading works carried out wholly or substantially for the benefit of some or one, but not all, of the lots affected by the owners corporation must be levied on the basis that the lot owner of the lot that benefits more pays more.

    (2)     In this section “upgrading works” means building works for the upgrading, renovation or improvement of the common property where—

    (a)     the total cost of the works is estimated to be more than twice the total amount of the current annual fees; or

    (b)     the works require a planning permit or a building permit before they can be carried out—

    but does not include works that are provided for in an approved maintenance plan or works referred to in section 4(b).

    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.