- This topic has 4 replies, 3 voices, and was last updated 8 years, 11 months ago by .
-
Topic
-
I have recently had a broken window sash cord and have been informed by the Exec representative of our (self-managed) Owners’ Corp that I must pay for it. The Exec representative has acknowledged that broken window sash cords are indeed the Owners’ Corp responsibility as per the legislation for post 1974 strata buildings but claims that unit owners have previously agreed to bear the costs themselves. There seems to be no written evidence to this effect. What process does the Owners’ Corp need to undertake to divert from this legislation and shift financial responsibility from themselves to individual owners ? Does it require an addition to the by-laws ? formal discussion and agreement at an AGM ? Thanks in advance for your advice !
-
Replies
-
Blanchie – even though you didn’t indicated in which State / Territory you’re located when you registered (maybe do that before you post again), your reference to “post 1974” tells me that you’re in NSW, where Owners Corporations (O/C) [not Executive Committees] may determine by way of a special resolution at a General Meeting to not maintain specific item/s of common property for which it would otherwise be responsible.
The special resolution process involves a vote by those present and entitled to vote at a General Meeting (i.e. including proxies) where the outcome is determined not by way of a simple majority, but rather by a percentage calculation based on the units of entitlement (UOE) of those collectively voting, and that of those casting their vote for or against the motion.
A percentage of ≥75% in favour is required for a special resolution to pass, or conversely ≥25% against for it to fail.
Sect 62(3) of the NSW Strata Schemes Management Act (1996) applies, where it should be noted that the only proviso upon a vote in favour is that any decision must 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”, whereupon I’d query the safety to residents of any windows having broken sash cords (?).
So in summary, based upon the information provided in your post the decision of your Executive Committee with regard to the O/C not repairing the sash cords of common windows is invalid.
PS – IF a special resolution under Sect 62(3) is at sometime passed, a By-Law is not additionally required unless the O/C wishes to mandate that windows be properly maintained by Lot Owners, and not be left in a damaged / broken state. Whale 1002hrs
Just to add my 10 cents worth here, all of Whale’s comments are spot on, as usual.
And if your EC can’t produce a by-law that has been registered and which says all owners take responsibility for their own windows, then they should pay.
The cost to you, of course, is that you will be persona non grata in the building for a while.
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.
- You must be logged in to reply to this topic.