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Common Property Repairs


18 May 2022

Question: In NSW, do owners corporations need to hold a meeting and pass a resolution to replace something that existed on the common property and was removed to carry out repairs?

 

In NSW, do owners corporations need to hold a meeting and pass a resolution to replace something that existed on the common property and was removed? For example, floor tiles on stairs were removed so that cracks in the concrete could be repaired.

Some time has passed and now the strata committee says there are not enough funds to lay new tiles. The strata committee obtained 4 quotes, voted on which to accept and want to ask the tiler to start work. Some owners say the work cannot start until approval is given in an EGM and other owners say that owners corporation consent is not required to replace tiles because the stairs were tiled previously. Most owners want the work done as soon as possible to avoid restrictions in future if covid-19 worsens.

For the record, no owner is objecting to the style of the tiles as they’re almost the same as the previous tiles.
 

Answer: The strata committee can approve repair and maintenance of the common property.

 

Assuming that the strata committee is not restricted by resolution at a general meeting from making such a decision, the strata committee can approve repair and maintenance of the common property which would include replacing common property floor tiles with the same or similar tiles if the same tiles cannot be found.

Any addition or alteration of the common property would require a special resolution at a general meeting under section 108 of the Strata Schemes Management Act 2015.
 

Matthew Jenkins
Bannermans Lawyers



This is general information and should not be considered to be legal advice. If you are affected you should obtain legal advice specific to your individual situation.