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NSW: Can owners require the committee to raise funds for urgent common property repairs?

what can owners do if strata delays common property repairs nsw

This article discusses what owners can do if strata delays common property repairs in NSW, including how to push for action and funding for urgent works.

Question: Can owners require the committee to repair common property and raise funds now rather than delay?

Our strata plan shows my villa decking as common property, and all owners accept this. The decking has reached the end of its serviceable life. The safety railing is not BCA compliant, and the decking need to be replaced. Quotes are around $17,000, which would significantly reduce the capital works fund.

A few other villas have similar railings that also need to be made BCA compliant. The strata manager suggested some quick maintenance until next year’s levies are raised. I sent an email around a month ago to all owners, the committee, and the strata manager, suggesting we take out a strata loan and complete all the works at once. I’ve not received a response.

Is the committee required to address this common property safety issue? How do I prompt the owners to consider funding options now rather than delay and risk higher costs?

Answer: The OC generally has an obligation to maintain and replace common property when it reaches end of life.

Where decking and balustrades are common property (as shown on the strata plan and any relevant by-laws), the owners corporation (OC) generally has an obligation to maintain and renew/replace common property when it reaches the end of its life. If there is also a safety/compliance issue (for example, a balustrade that is not compliant with the NCC/BCA requirements), it’s worth treating the matter as a higher priority because delaying can increase risk.

Why “patch now, levy later” can be risky

A short-term repair (e.g., replacing some decking planks) can sometimes be appropriate as a temporary measure, but it may not resolve:

If the safety element remains unresolved, the scheme may be exposed to a higher risk should an incident occur.

Confirming what “compliant” work looks like

Because compliance requirements can be technical and site-specific, it can be helpful to:

This also helps owners compare quotes on a “like for like” basis.

Consider bundling similar works across lots

If multiple villas have similar compliance issues, combining works can:

Common funding options in NSW (high level)

Schemes typically choose one (or a combination) of the following:

The “best” choice usually comes down to: urgency/safety, fund balance, owners’ capacity to pay upfront, and the broader capital works plan.

If you’re not getting a response

In NSW, owners can ask their strata manager to place motions on the agenda for a general meeting so the OC can decide:

If the issue is urgent but not progressing, owners may also consider the usual NSW dispute pathways (e.g., mediation, and if needed, NCAT) for guidance on process and timeliness.

Andrew Boss Firstrata Finance E: aboss@firstratafinance.com.au P: 1800 59 59 00

This post appears in the April 2026 edition of The NSW Strata Magazine.

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Visit our Maintenance and Common Property, Your Strata Levies, Strata Committee Concerns OR NSW Strata Legislation.

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