#27030
Jimmy-T
Keymaster

    Your strata manager either has only a slender grasp of strata law or a poor ability to express what he does know.

    For a start, you can’t have an EGM at which only the committee votes – it wouldn’t be a general meeting then and it certainly couldn’t fulfill the requirements of higher level decision making.

    Minor works have to be approved by the Owners Corp but this can be done by committee, representing the Owners Corp, if a general meeting has previously agreed to that via a by-law.

    Major works have to be decided at a general meeting.

    Here are the relevant sections of the Act and Regulations. The references (below) to section 108 refer to the part of the Act that requires special resolution by-laws to be passed for changes to and ongoing maintenance of affected areas of common property. My emphasis in bold.

    109 Cosmetic work by owners
    (1) The owner of a lot in a strata scheme may carry out cosmetic work to common property in connection with the owner’s lot without the approval of the owners corporation.

    (2) Cosmetic work includes but is not limited to work for the following purposes:
    (a) installing or replacing hooks, nails or screws for hanging paintings and other things on walls,
    (b) installing or replacing handrails,
    (c) painting,
    (d) filling minor holes and cracks in internal walls,
    (e) laying carpet,
    (f) installing or replacing built-in wardrobes, 
    (g) installing or replacing internal blinds and curtains,
    (h) any other work prescribed by the regulations for the purposes of this
    subsection.

    (3) An owner of a lot must ensure that:
    (a) any damage caused to any part of the common property by the carrying out of cosmetic work by or on behalf of the owner is repaired, and
    (b) the cosmetic work and any repairs are carried out in a competent and proper manner.

    (4) The by-laws of a strata scheme may specify additional work that is to be cosmetic work for the purposes of this section.

    (5) This section does not apply to the following work:
    (a) work that consists of minor renovations for the purposes of section 110,
    (b) work involving structural changes,
    (c) work that changes the external appearance of a lot, including the installation of an external access ramp,
    (d) work that detrimentally affects the safety of a lot or common property,
    including fire safety systems,
    (e) work involving waterproofing or the plumbing or exhaust system of a building in a strata scheme,
    (f) work involving reconfiguring walls,
    (g) work for which consent or another approval is required under any other Act, 
    (h) any other work prescribed by the regulations for the purposes of this
    subsection.
    (6) Section 108 does not apply to cosmetic work carried out in accordance with this section.

    110 Minor renovations by owners

    (1) The owner of a lot in a strata scheme may carry out work for the purposes of minor renovations to common property in connection with the owner’s lot with the approval of the owners corporation given by resolution at a general meeting. A special resolution authorising the work is not required.

    (2) The approval may be subject to reasonable conditions imposed by the owners corporation and cannot be unreasonably withheld by the owners corporation.

    (3) Minor renovations include but are not limited to work for the purposes of the following:
    (a) renovating a kitchen,
    (b) changing recessed light fittings,
    (c) installing or replacing wood or other hard floors,
    (d) installing or replacing wiring or cabling or power or access points,
    (e) work involving reconfiguring walls,
    (f) any other work prescribed by the regulations for the purposes of this
    subsection.

    (4) Before obtaining the approval of the owners corporation, an owner of a lot must give written notice of proposed minor renovations to the owners corporation, including the following:
    (a) details of the work, including copies of any plans,
    (b) duration and times of the work,
    (c) details of the persons carrying out the work, including qualifications to carry out the work,
    (d) arrangements to manage any resulting rubbish or debris.
    (5) An owner of a lot must ensure that:
    (a) any damage caused to any part of the common property by the carrying out of minor renovations by or on behalf of the owner is repaired, and
    (b) the minor renovations and any repairs are carried out in a competent and proper manner. 

    (6) The by-laws of a strata scheme may provide for the following:
    (a) additional work that is to be a minor renovation for the purposes of this section,
    (b) permitting the owners corporation to delegate its functions under this section to the strata committee.

    (7) This section does not apply to the following work:
    (a) work that consists of cosmetic work for the purposes of section 109,
    (b) work involving structural changes,
    (c) work that changes the external appearance of a lot, including the installation of an external access ramp,
    (d) work involving waterproofing,
    (e) work for which consent or another approval is required under any other Act,
    (f) work that is authorised by a by-law made under this Part or a common property rights by-law,
    (g) any other work prescribed by the regulations for the purposes of this
    subsection.
    (8) Section 108 does not apply to minor renovations carried out in accordance with this section.
    Note. Section 132 enables rectification orders to be made against owners of lots for damage
    caused by work done by owners.
    111 Work by owners of lots affecting common property
    An owner of a lot in a strata scheme must not carry out work on the common property
    unless the owner is authorised to do so:
    (a) under this Part, or
    (b) under a by-law made under this Part or a common property rights by-law, or
    (c) by an approval of the owners corporation given by special resolution or in any other manner authorised by the by-laws.

    FROM THE REGULATIONS

    28 Minor renovations by owners
    Work for the following purposes is prescribed as minor renovations for the purposes of section 110 (3) of the Act:
    (a) removing carpet or other soft floor coverings to expose underlying wooden or other hard floors,
    (b) installing a rainwater tank,
    (c) installing a clothesline,
    (d) installing a reverse cycle split system air conditioner,
    (e) installing double or triple glazed windows,
    (f) installing a heat pump,
    (g) installing ceiling insulation.
    Note. The work prescribed by this clause is subject to the requirements set out in section 110 (7) of the Act, including requirements that it does not involve structural changes, changes to the external appearance of a lot or waterproofing.

    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.