#24675
Whale
Flatchatter

    Blanchie – even though you didn’t indicated in which State / Territory you’re located when you registered (maybe do that before you post again), your reference to “post 1974” tells me that you’re in NSW, where Owners Corporations (O/C) [not Executive Committees] may determine by way of a special resolution at a General Meeting to not maintain specific item/s of common property for which it would otherwise be responsible.

    The special resolution process involves a vote by those present and entitled to vote at a General Meeting (i.e. including proxies) where the outcome is determined not by way of a simple majority, but rather by a percentage calculation based on the units of entitlement (UOE) of those collectively voting, and that of those casting their vote for or against the motion.

    A percentage of ≥75% in favour is required for a special resolution to pass, or conversely ≥25% against for it to fail.

    Sect 62(3) of the NSW Strata Schemes Management Act (1996) applies, where it should be noted that the only proviso upon a vote in favour is that any decision must not “affect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme”, whereupon I’d query the safety to residents of any windows having broken sash cords (?).

    So in summary, based upon the information provided in your post the decision of your Executive Committee with regard to the O/C not repairing the sash cords of common windows is invalid.

    PS – IF a special resolution under Sect 62(3) is at sometime passed, a By-Law is not additionally required unless the O/C wishes to mandate that windows be properly maintained by Lot Owners, and not be left in a damaged / broken state. Whale 1002hrs