#30207
Jimmy-T
Keymaster

    This reminds me of occasions where OCs have dug up a bathroom or kitchen floor and tried to replace the broken or missing tiles with “near as” when identical tiles weren’t available (they never are).  If I recollect correctly, they usually end up having to re-tile the whole area.

    The significant section of the law is 106 (below) which sets out the Owners Corporation’s responsibility to maintain and repair common property.

    Section 106.3 allows the OC to decide by special resolution not to repair or replace common property, provided “its decision will not … detract from the appearance of any property in the strata scheme.”

    I think you could “take that to the bank”, as they say.  Obviously, their decision not to line up the glass affects the look of the property so that’s a decision they are not entitled to make, whether by a simple majority or even a special resolution.

    If they are as reasonable as you say, just show them the law and leave them to do the right thing.

     

    106   Duty of owners corporation to maintain and repair property

    (1)  An owners corporation for a strata scheme must properly maintain and keep in a state of 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 section 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.

    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.