Flat Chat Strata Forum Common Property Current Page

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  • #7177
    Anonymous

      I am in a 1960s strata block of 9 – it is usual for only 3-6 of the owners to attend strata meetings. Our common property (stairwell and unit) timber windows are in a state of disrepair. Some are in a dangerous state and others less so but need painting. We proposed total window replacement with powder coated aluminium windows as they look like the existing timber windows but are cheaper than replacement with timber considering the new windows won't require painting and will last longer. The strata manager put forward the motion at AGM as one requiring a special resolution because it was for common property “improvement” rather than “reasonable repair”. 3 owners voted against the motion and being more than 25% this has defeated the motion. It seems ludicrous that we would have to get quotes for timber windows to fall under the “reasonable repair” category. We have the numbers to achieve an ordinary resolution. Have you come across this situation?

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    • #12309
      Jimmy-T
      Keymaster

        Hmmm.   I would question the strata manager's decree that this is not “reasonable repair” and requires a special resolution.  That's a new on one me.  The SM doesn't get to decide what goes on the agenda – you and the rest of the Executive Committee do. Maybe he or she just wanted to make a few dollars drafting the special resolution or perhaps they are over-cautious when it comes to advising you on what you can or can't do or there might be some owner who doesn't want to spend any money who is unduly influential.  (Turns out I may have been wrong about this – see posting from Wim Jansen, below). It is perfectly reasonable for the Owners to decide a course of action for repairs and replacement of common property as a simple majority.

        The important thing is that the Owners Corporation – that's ALL the owners – has a legal obligation to maintain and repair common property. So you can force the issue by getting a number of quotes for what would be a reasonable course of action – from replacing timber frames with timber to your low-cost plan – and tell them that choosing to do nothing is not an option.  If they still refuse, you can go to the CTTT and ask for an adjudication forcing the OC to take action to repair or replace the windows.  It may well be that replaceing all the windows is a more cost-effective way of dealing with those that are already in advanced disrepair and saving money on the others. Usually, all you need to do is explaining this to owners and quote the relevant section of the Act (Section 62) which says:

        62   What are the duties of an owners corporation to maintain

        and repair property?

        (1)  An owners corporation must properly maintain and keep in a stateof 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 clause 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.

        Note. The decision of an owners corporation under subsection (3) may be reviewed by an Adjudicator (see section 138).

        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.
        #12319
        Anonymous

          Dear Cate

           

          The Strata Manager was correct in putting the motion on as a “Special” as pursuant to s65A there is an alteration to the common property. If the motion was put as an 'Ordinary' it could have been overturned at the CTTT easily. This issue of the 3 other lot owners not agreeing is unfortunate.

          Sounds like you have some right tight fisted owners who'd rather see the palce go to pot. Jimmy is correct – best that you get an Order at the CTTT to force the OC to attend to the works – best way is to show that the windows are 'beyond resonable repair' both in terms of condition and cost.

          Wim

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