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  • #56112
    webman
    Flatchatter

    I have a friend living in a NSW unit with what appears to be a SC that is making decisions that they should not. Some examples:

    Replace ALL mailbox locks, some where broken, had been broken for years, the new lock is a circular style key.
    Replace ALL common property door locks (old locks are all functioning fine, this hasn’t happend yet, but was approved at the last SC meeting)
    Install a additional notice board in the foyer next to the existing one
    Replacing the chairs and tables in a common room used for meetings/etc (existing furniture is old, but functional)
    Upgrade of CP lighting (carpark, foyer, stairs etc) from manual push button style to motion sensor lights

    Perhaps I’m mistaken, but my understanding is that all of the above would be considered upgrades or additions to CP, and that decisions on these can’t be made by the SC, and should all be made at a general meeting.

    I think for example the mailbox locks, they should only replace the broken mailbox locks with the same style lock, unless the OC makes the decision to replace all locks with a different style (upgrade). Similar with the lighting, replacement of broken lights with the same style is OK by the SC, but and upgrade to motion sensors etc should be decided by the OC.

    While most are probably good ideas, it just appears that the decisions and approvals are not being done correctly, and not allowing most owners to have any input into the decisions.

    I’ve done some google searches, and some private legal companies have published that the SC can NOT do:

    Improve or enhance the common property (requires approval by special resolution a general meeting)

    So is the SC right and they are allowed to do all these things?

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  • #56114
    Jimmy-T
    Keymaster

    While most are probably good ideas, it just appears that the decisions and approvals are not being done correctly, and not allowing most owners to have any input into the decisions.

    Any decsions to be made by the strata committee have to be listed on the agenda of the next strata committee meeting. Owners have an opportunity to express their opinions there, and even block the decisions from being discussed, if one-third of them object.

    Once a decision has been minuted, owners have the opportunity to take action to overturn the decision, especially if they think it’s not valid, via orders at NCAT.

    The problem would arise if the proposals weren’t being itemised on the agenda or minuted.

    As for the noticeboard, that’s different as a noticeboard, if it exists,  may be part of the official notifications process of a small strata scheme, and therefore it should be established in a by-law whether or not it is an official strata committee notice-board or just a community facility.  If it is an official notice board, then the owners corp has partial responsibility for notices pinned to it.

    As for the locks on letter-boxes and doors, the owners corp has a duty to maintain and repair common property and it could be argued that bringing locks up to date to reflect the present-day threats to security was simply maintaining security.

    That would certainly be my view.

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