› Flat Chat Strata Forum › Common Property › Common property – repair v improvement? › Current Page
Hmmm. I would question the strata manager's decree that this is not “reasonable repair” and requires a special resolution. That's a new on one me. The SM doesn't get to decide what goes on the agenda – you and the rest of the Executive Committee do. Maybe he or she just wanted to make a few dollars drafting the special resolution or perhaps they are over-cautious when it comes to advising you on what you can or can't do or there might be some owner who doesn't want to spend any money who is unduly influential. (Turns out I may have been wrong about this – see posting from Wim Jansen, below). It is perfectly reasonable for the Owners to decide a course of action for repairs and replacement of common property as a simple majority.
The important thing is that the Owners Corporation – that's ALL the owners – has a legal obligation to maintain and repair common property. So you can force the issue by getting a number of quotes for what would be a reasonable course of action – from replacing timber frames with timber to your low-cost plan – and tell them that choosing to do nothing is not an option. If they still refuse, you can go to the CTTT and ask for an adjudication forcing the OC to take action to repair or replace the windows. It may well be that replaceing all the windows is a more cost-effective way of dealing with those that are already in advanced disrepair and saving money on the others. Usually, all you need to do is explaining this to owners and quote the relevant section of the Act (Section 62) which says:
62 What are the duties of an owners corporation to maintain
and repair property?
(1) An owners corporation must properly maintain and keep in a stateof good and serviceable repair the common property and any personal property vested in the owners corporation.
(2) An owners corporation must renew or replace any fixtures or
fittings comprised in the common property and any personal property vested in the owners corporation.
(3) This clause does not apply to a particular item of property if the owners corporation determines by special resolution that:
a) it is inappropriate to maintain, renew, replace or repair the
property, and
b) its decision 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.
Note. The decision of an owners corporation under subsection (3) may be reviewed by an Adjudicator (see section 138).