This article discusses building manager common property sign approval and what to do if a sign is installed without owners corporation consent.
Question: Our aggressive building manager installed a sign forbidding people to feed cats in our complex’s garden. The owners corporation has not approved the sign. Can I remove the sign?
The building manager has installed a sign forbidding people to feed stray cats on our complex’s garden bench. The building manager has threatened fines and forbids people from taking the sign down, stating the sign is common property. The owners corporation has not voted on the sign, and I feel it is restricting owners access to the bench. As the building manager takes a very aggressive approach to communication, what should I do? Can I remove the sign? Am I best to escalate this situation?
Answer: I would not suggest removing the sign yourself, especially if the building manager is aggressive in their approach.
Any addition, alteration or erection of a new structure on the common property requires a special resolution at a general meeting in accordance with section 108 of the Strata Schemes Management Act 2015.
If there has been no vote on the installation of the sign, it has not been properly authorised and should be removed by the owners corporation. I suggest that you put a motion to a properly convened meeting for its removal and escalate the situation to the strata committee and/or the strata manager.
I would not suggest removing the sign yourself, especially if the building manager is aggressive in their approach.
I would not be concerned in regards to the building manager issuing fines. Only the Court or Tribunal can issue fines through notices to comply and then penalty proceedings.
This post appears in the June 2024 edition of The NSW Strata Magazine.
Matthew Jenkins Bannermans Lawyers E: enquiries@bannermans.com.au P: 02 9929 0226