› Flat Chat Strata Forum › Talkin’ ’bout a renovation › who pays cost of roof insulation › Current Page
@kaindub said:
…Since a special resolution requires no vote to be cast against it, you have the power to oppose it.
Not sure where the poster is from, but as far as I know, in all jurisdictions, a ‘special resolution’ requires, firstly, a majority in favour, and secondly, fewer than one quarter or one third opposed, in the cases of NSW and ACT, respectively. I this OC, with 4 units, it is possible that one vote against would not amount to a quarter and prevent a special resolution from passing if a ‘poll’ is demanded and the one person opposed has less than a quarter of the unit entitlements.
Now if the upstairs occupants want to raise a by law, include that they pay for the installation as well as maintains it.
That seems reasonable if the upstairs occupants are the only beneficiaries. If there is a stairwell or other common property with exposure to the uninsulated ceiling then that might not be the case. In that case a pro-rata arrangement by area might be more reasonable, perhaps 40% to each upstairs unit and 20% to the whole OC.