#18918
Whale
Flatchatter

    jamezb – the simple answer to both your questions is YES.

    At a General Meeting of the Owners Corporation (O/C) a Motion can be Resolved by way of a Special Resolution to add to the Common Property of the Plan. That would require ≥75% of those present and entitled to vote (i.e. personally and by proxy) to be in favour, where that percentage must be calculated on the basis of unit of entitlement.

    In the absence of a subsequent Special By-Law stating who’s responsible for the on-going maintenance, repairs, and replacement of the balcony windows and doors, then the default position is that the O/C would be responsible for all that; and that’s your objective.

    The more complex issues include that any additions to the Common Property under this Provision of the NSW Strata Schemes Management Act (1996) are   to be for the purpose of “improving or enhancing” that Common Property.

    So you first challenge is to convince your fellow Owners that what you, and I suspect the other 20 affected Owners, may propose meets that criterion.

    Your second challenge is to address the increased “value” of the Units owned by those 21 individuals that would arise from any such Special Resolution by the O/C, that is from the perspectives of both future sales and the on-going maintenance costs.

    It’s both customary, and in my opinion appropriate in the circumstances, for any Resolution of the type discussed here to include a provision for an on-going annual  monetary “contribution” to the O/C by those 21 Owners, the amount of which should be reflective of that beneficial “value” and be varied over the years in accordance with movements in overall Levy Contributions.

    A contribution of the type suggested may even sway the other 7 Owners to a conclude that what’s proposed could “improve and enhance” (the look) of the Common Property; at least all windows and doors would be the same and  be always maintained to the same level (?).

    Good luck, and perhaps start canvassing other Owners, and especially the 7 who really don’t stand to benefit all that much from any such proposal, to gauge the extent of support between now and the next General Meeting.