#18487
Whale
Flatchatter

    I agree with Jimmy’s comments about the disadvantages, and would add that notwithstanding those I don’t believe that such a Special By-Law (SBL) would withstand legal scrutiny in NSW.

    I appreciate that home to rest‘s Owners Corporation (O/C) is not proposing that common property windows not be maintained at all, but rather just not maintained by it, however Sect 62 (3) of the NSW Strata Schemes Management Act (SCMA) only permits an O/C to make that decision where it “will 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.”

    As Jimmy observes, a breach of the the above clause may well be a consequence of the O/C’s proposed SBL, especially as the wording of that clause is will not… (as opposed to “may” or “might”), and the fact that a note to that clause specifically flags the ability of an Adjudicator to review any SBL of the type proposed.

    Further, the proposed amendments to the SCMA that make the O/C responsible for fitting and maintaining locks on bedroom windows above the first level of the building “irrespective of any By-Laws in place” represents yet another complication to the operation of the proposed SBL.

    I agree…..it’s a bad idea!