Flat Chat Strata Forum Common Property Current Page

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  • #53943
    Mack
    Flatchatter

      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 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.

      Later this year a similar problem may occur because a section of the carpark will need to be repaired by removal of cracked concrete and re-concreting. The carpark is presently linemarked and labelled. Will the owners corporation need to hold a meeting and pass a resolution to replace the linemarking and labelling after the new concrete has cured? Or can the strata committee get the work done because it would just be replacing what was already there?

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    • #53982
      Jimmy-T
      Keymaster

        The owners corporation has a duty to maintain and repair common property.  You don’t need to have a general meeting every time you need to fix something, especially when it’s already been agreed.

        It’s different if you are adding to or taking away from CP, or there is a huge expense that would blow the agreed annual budget by more than 10 per cent (I think). But that is clearly not the case here.

        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.
        #54045
        brianpr
        Flatchatter

          Further, the Committee would be addressing a hazard – namely, a risk of someone tripping on an uneven floor. it would be very hard for anyone to make a case that the Committee should not take urgent action.

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