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I live in a 1962 8 storey block, 5 units per floor – had agreement from my four neighbours to put up a couple of those mini picture rails (30mm deep x 10mm wide) to hang some pictures in our common hallway. The strata agent replied to say the Committee said no to personal items being kept on the common property. Went on to say they are mindful of personal tastes, the opinions of non-resident owners and the precedent it sets for others.
I wrote back –
Committee has declared the 7th floor residents have no custody of our common space.
The innuendo of ‘mindful of personal tastes’, is frankly, distasteful. What the Committee is declaring is that their collective ‘personal taste’ of bland institutional blank walls that deaden the soul should be inflicted on all of us.
The spurious notion of ’the opinions of non-resident owners’, what does that actually mean? That absentee landlords and landladies come and visit the units here, and would be offended by pictures on the walls?
My initiative, supported by my neighbours, may actually set a positive precedent in the building, to care and contribute to our surroundings.Any advice as to where I can go with this matter apart from batting around some email banter?
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Section 110 of the strata Act says this:
(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.
The key words in there are “in connection with the owner’s lot”. Is the lift lobby “in connection with” your apartments? Many owners would say yes.
The other key condition is that approval can’t be unreasonably refused. Again, the definition of unreasonable could keep lawyers busy for months.
If the committee refuses I suggest you propose a motion for the next general meeting which states:
- That one specified lot owner on that floor – and subsequent owners of their flat – will take responsibility for the maintenance of the picture rail, in perpetuity.
- That a simple majority of owners on that floor (3 out of 5) will determine the choice of the pictures.
- That nothing offensive will be hung and will be removed immediately for further consideration if there is any complaint.
- That the owners on that floor will pay any additional costs for insurance (there won’t be any) and the pictures hung there will be there at their owner’s own risk and there will be no recourse to the owners corp if the they are stolen defaced or damaged.
Our block allows the residents of each lift lobby to decide if they want pictures and even console tables. The floors that have them all look different and it elevates the tone of the whole building.
And to answer your committee’s specific objections, the lot owners on that level will choose the pictures and there is no such thing as precedent in these matters – each issue in strata is decided on its merits.
When the issue gets to your next general meeting, make it clear that you will pursue this all the way to NCAT if necessary, so doing nothing is neither the best nor the cheapest option.
On a positive note, let all the other owners know that this establishes a format (not a precedent) through which they could brighten up their lift lobbies.
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.
I have edited my previous post because I don’t think this requires a by-law and I’m not even 100 per cent sure if it can’t just be decided at committee (although I suspect not as the law says “given by resolution at a general meeting”).
In any case, the owners corporation at a general meeting can override any decisions of the committee.
So propose your motion and send it to the secretary or strata manager as soon as possible for discussion at the next general meeting. It must be included on the agenda for the next general meeting (which may possibly occur for other reasons before the next AGM).
If you are anxious to move forward on this, collect the signatures of 25 percent of owners and demand a general meeting be held.
Also, by the “hallway” do you mean the lift lobby on your floor (as I’ve assumed) or the foyer of the block?
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.
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