#12687
Jimmy-T
Keymaster

    Yes and no, Peter. You usually need a special resolution to alter common property and that requires 75 percent vote in favour by owners voting at a general meeting. 

    There is nothing in the NSW Strata Act that says anything about the size of the “incursion” or how profound its effect is on common property (although in practice, drilling a few holes to hang pictures isn't going to be a problem).

    If you are changing common property in a minor way, for instance running a gas pipe through a common wall to a balcony barbecue, you would thoretically need Owners Corporation permission but might get away without it because no one need know you have done it (unless something goes wrong).

    But air-conditioning units, for instance, have the potential to cause a noise nuisance and most ECs would be all over that, which would inevitably lead to a motion for a special resolution.

    In the hypothetical of the barbecue gas pipe I mentioned above, if there was a problem with that – leaks, for instance – and the owner didn't have proper permission for it, they would be in all sorts of trouble.

    The fact of the matter is that most owners Corporations are 
    non-compliant with the law in some way or another and people just get on
    with stuff until there's a problem. 

    Also the law does stipulate that if
    the OC has agreed to a change in common property and hasn't included a
    provision for the unit owner to maintain the installation, then the OC
    becomes liable for its maintenance.

    However, as I said, there is no provision that I know of in NSW for a division of work between minor and major. If I'm wrong (and it has been known) hopefully someone will put me right.

     

    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.