Topic: What level of approval is needed for Balcony Screens

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28/06/2021 at 10:27 am #56649 Reply | Quote
Tony Montana
Flatchatter
Hi
Does an OC Committee in Victoria have the authority to approve of the installation of privacy screens on Lot Owners’ balconies?
Such installation will definitely affect the external appearance of the 5 storey building.
The Manager has referenced the OC rules which indicate such installation requires OC approval, adding that the Committee has automatically been delegated such authority by the OC at the AGM.

Or should permission be sought from Lot Owners in general, via Ballot or via special resolution at a the AGM/Special General meeting?
In which case I understand you need 75% of the owners to be in approval?
I recall receiving legal advice about changing the bulk hot water billing arrangement, whereby the cost of the cold water input would also be passed onto owners/tenants. The lawyer cautioned that such a change should have the approval of *all* Lot Owners, as it would fundamentally change the characteristics of an owner’s Lot…ie from one where you only paid for the gas component of hot water to one where both the gas and the hot water input were oncharged.
Screens would obviously change the characteristics of owners’ Lots.
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28/06/2021 at 3:41 pm #56683 Reply
scotlandx
Flatchatter
If the Rules say that something needs OC approval, then it needs OC approval.

There is no such thing as automatic delegation of the OC’s approval power. If there was, then there would be no point in vesting that power in the OC in the first place, would there?

So I suggest you ask the strata manager to provide you with the resolution of the OC delegating the power, either generally or specifically, to the Committee. If they can’t then they are wrong and privacy screens require OC approval.

(note also in some cases where there is a power vested in the OC the provision or rule will say that the power can’t be delegated to a Committee or person)

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28/06/2021 at 7:09 pm #56690 Reply
Tony Montana
Flatchatter
Chat-starter
Thanks, that all makes sense.
OC Rule 7(d) indicates that the “Owners Corporation” must provide written consent before any structure is added to the Balcony.

The Manager’s advice is that:
“As noted in the OC rules an owner must not except with the permission of the OC install any fittings / fixtures etc.”
“The committee have all delegated powers of the OC, save for the power of a special or unanimous resolution and are able to review and provide consent.”
“While consent cannot be unreasonably withheld, the committee may have a say in what the finished product looks like to ensure uniformity and the appearance of the building is maintained.”

So as you say, we need to ask the Manager for “the resolution of the OC delegating the power, either generally or specifically, to the Committee” in respect of Balcony screens.
Thanks
Tony

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Reply To: What level of approval is needed for Balcony Screens

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