This ACT lot owner would like to know if strata funds should be used to improve the front verge in the ACT. Christopher Kerin, Kerin Benson Lawyers provides the following information.
Question: Should strata funds be used to improve the front verge especially as there was no formal motion presented at the AGM about this expenditure for work outside of the Strata Plan?
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I have a question about strata funds being used for beautification works on a front verge, to prevent vehicles parking & to protect services pits.
A discussion about plantings on the front verge was held at a meeting following this year’s AGM. The minutes of the AGM have no record of the discussion.
The Executive Committee indicated that proposals could be submitted by owners & these would be circulated for owners comments etc. This did not occur, and we know a couple of owners submitted alternative solutions.
We have been informed via a newsletter that planting works will be undertaken on the verge which is ACT property. Expenses are to be funded from our Owners Corporation budget.
Does the strata management/Executive Committee have the authority to spend strata funds on works that are not within our building’s Strata Plan? We believe they don’t have this authority as there was no formal motion presented at the AGM about this expenditure for work outside of the Units Plan, as the boundary finishes prior to the footpath/verge. The newsletter states owners agreed, however, no vote was taken.
I’d appreciate advice as we’re concerned that this expenditure could blow out with ongoing maintenance costs, as well as not being a practical solution for preventing vehicles parking on the verge.
Answer: In short, the owners corporation would be acting ultra vires in spending money on the verge.
The nature strip is public unleased land and is governed by the Public Unleased Land Act 2013 (ACT). Consequently, while it may be the custom in the ACT that adjacent land owners maintain their nature strips (to a degree the owners see fit), the owners corporation has no legal obligation to maintain the nature strip.
Indeed, section 19 of the Public Unleased Land Act 2013 requires an application to be lodged if work is to be done to the nature strip.
I would need to know more about the specifics to advise on the particulars and would also need to be paid for that advice. However, in short, the owners corporation would be acting ultra vires in spending money on the verge.
For more on the powers of the owners corporation, I suggest you purchase my book – Kerin Benson Lawyers Guide to ACT Strata Law (see below for the link to the text).
This post appears in Strata News #311.
Have a question about funding improvements to the front very/nature strip in ACT or something to add to the article? Leave a comment below.
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Christopher Kerin
Kerin Benson Lawyers
P: 02 8706 7060
E: [email protected]
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
After more detailed information dealing with Strata Law in the ACT? Chris Kerin’s Guide to ACT Strata Law is now available.
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Typical lawyer. If you want advice then cough up the cash.
In my opinion the improvement of the streetscape adds value to the property and would also improve the owners satisfaction with the appearance of their property. I don’t expect that the outlay would be huge but it will be money well spent.
A well kept street discourages people from leaving rubbish and also helps to avoid graffiti. How many times have we seen a building that is unoccupied very soon covered in tags and other paint.
We have an apartment block with both a street front and a lane-way. If they are not kept clean and any graffiti removed ASAP they will soon become an eyesore. Why aren’t we all more civic minded? It’s always someone else’s problem.
Thank you for raising the issue of expenditure on verges. Does anyone know how this might apply in NSW? I suspect most strata properties pay for mowing / watering / minor improvement of verges.
Hi Maggie
Your Local Council should be able to provide details. For example, Lane Cove Council provides the following information on their site:
Grassed nature strips are expected to be mowed regularly by neighbouring residents and kept neat and tidy such that they contribute to the general appearance of the street.
Residents are also expected to keep garden plants within their property or along the fence line trimmed back so they don’t obstruct pedestrians walking along the footpath or nature strip or interfere with motorist or cyclist sightlines.
A resident wishing to replace the grass on the nature strip outside their property with low maintenance plantings or garden areas must first apply in writing to Council for approval prior to undertaking any such works.