Flat Chat Forum Common Property Current Page

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  • #52861
    AvatarCurly
    Flatchatter

    In the foyer (common area) on one of our levels we have tiles, but the majority whish to have it carpeted. I would just like to have it confirmed that we can decide to do this.
    The building is 50 years old, the other floors have carpet.

Viewing 11 replies - 1 through 11 (of 11 total)
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  • #52943
    Jimmy-TJimmy-T
    Keymaster

    I think that a change from tiles to carpet is covered by section 108 of the strata schemes act. You will need a special resolution to change/alter the common party at a general meeting of all owners. It is not 75% of all owners only those who turn up at the meeting.

    The question is, are you actually changing common property by putting carpet over it? The tiles are still there and I can’t imagine why anyone would go through the trauma of digging up tiles just to put underlay and carpet on concrete.

    Yes, it would alter the appearance, but it would still be in keeping with the rest of the building where carpet is already in place.

    I reckon this is a purely cosmetic alteration and therefore no special resolution is required … but I could be wrong.

    Also worth noting that Section 110 allows for the installation (by owners) of hard floors without a special resolution.  Again, logic would suggest that installing something let intrusive than a hard floor would be allowed similar leeway.

     

    • This reply was modified 3 weeks, 4 days ago by .
    #52944
    Jimmy-TJimmy-T
    Keymaster

    This is not a matter for the strata committee. According to section 108 it is a matter for all the owners to decide.

    I believe Section 108 only applies to physical changes to the common property.  If Section 108 doesn’t apply in this instance, then I don’t think this has to be decided at a general meeting. Having a general meeting to deice to lay carpet seems to be an excess of bureaucracy for what would be a simple and easily reversible decision.

    #52935
    AvatarLaldy
    Flatchatter

    I think that a change from tiles to carpet is covered by section 108 of the strata schemes act. You will need a special resolution to change/alter the common party at a general meeting of all owners.  It is not 75% of all owners only those who turn up at the meeting.

    #52936
    AvatarLaldy
    Flatchatter

    This is not a matter for the strata committee. According to section 108 it is a matter for all the owners to decide

    #52890
    Jimmy-TJimmy-T
    Keymaster

    So, confirming is it correct that we only need a majority to approve any proposal’s/motions or requests?

    In this case, a simple majority of people voting at a commitee meeting or a genral meeting is all that’s required.

    There’s only one NSW strata decision that I can think of that requires a unanimous vote, and that is the return of excess funds to the owners.

    Even selling your block to developers only requires 75 percent.

    And to be clear, a decision to pursue repairs etc only requires a majority of owners voting at a meeting, NOT a majority of all owners in the block.

    Anything that requires a special resolution – like a by-law, for instance – needs a 75 per cent vote in favour, calculated by unit entitlements, again from those present in person or by proxy.

    #52887
    AvatarCurly
    Flatchatter
    Chat-starter

    Sorry Jimmy,

    I probably did not go about this the right way, I should of kept it simple.

    My question really is, say for any decisions that a majority is all that is required, not a unanimous decision.

    Obviously, a unanimous decision would never be achievable in unit blocks.

    I fully understood your last reply. We are replacing the existing carpet on 7 levels, but adding to the tiled floor, that is capital expenditure, unless they needed repair.

    So, confirming is it correct that we only need a majority to approve any proposal’s/motions or requests.

    Many Thanks

    Curly

    #52875
    Jimmy-TJimmy-T
    Keymaster

    I hate to be nitpicky but taking money out of the sinking fund is not “no cost to anyone” – it’s a cost to everyone. Also, strictly speaking, the sinking fund is for repairs and maintenance, not for upgrades and enhancements.

    Now, if the sinking fund money hasn’t been allocated to other future jobs, you could probably argue that the tiles need maintenance or replacement and the easiest and cheapest way to do that is to lay carpet.  But you really need to put that in a motion to the committee so that you get offical approval for this.  Otherwise, the next person writing to me on this subject could be the hold-out neighbour asking what to do about the misuse of capital works funds for an unapproved project.

    By all means get a quote for your neighbours on the kind of carpet you want so that everybody knows what they’re buying into. But don’t go ordering carpet until you have the official OK, in writing, from the committee.

     

    #52873
    AvatarCurly
    Flatchatter
    Chat-starter

    Thanks,

    No costs to anyone, money available from sinking fund in 10 year plan, and no issue for all the other floors, and okay with the Strata Committee. So I can advise the majority on that floor they can proceed with carpet?

    Cheers Curly

    #52872
    Jimmy-TJimmy-T
    Keymaster

    Is it not as simple as saying the majority of owners on that level can have carpet?

    Not really.  It’s common property, so all owners have a say it what is done with it.  And then who is going to pay for it?

    If you can come up with a plan that will cost the other owners nothing – or just the additional cleaning costs – then you will still need to get committee or owners corp approval at a general meeting if the committee doesn’t give you the thumbs-up.

    But if the majority of owners on that floor are in agreement, that’s a pretty powerful case you can present.

    #52870
    AvatarCurly
    Flatchatter
    Chat-starter

    Is it not as simple as saying the majority of owners on that level can have carpet?

    Thanks Curly

    #52863
    Jimmy-TJimmy-T
    Keymaster

    This decision can be made by a simple majority of owners at a general meeting (rather than a “super majority” required for special resolutions) or even by the strata committee if it has been delegated to make decisions on behalf of the owners as if they had been made at a general meeting.

    If the strata committee option isn’t open to you, your main problem may be motivating the owners who agree to this to turn up or send proxies to vote in favour.

    • This reply was modified 1 month ago by .
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Flat Chat Forum Common Property Current Page