A NSW Lot Owner wonders whether their strata scheme needs a new bylaw to install a water tank. Emma Smythies, Bugden Allen Lawyers provides a few options plus the steps involved.
Question: Due to prolonged drought our strata scheme would like to install a water tank to water common property gardens. Do we need a new bylaw to improve Common Property fittings/infrastructure?
Due to prolonged drought it was recently suggested that our Strata Scheme obtain a water tank to go on Common Property and capture water from our roof to water the garden.
One owner claimed we would require a new by-law. It is my understanding that to change (upgrade or reduce) fittings on Common Property we would only need a special resolution of the owners corporation at a general meeting.
We are very aware that every time our Strata Scheme passes a new bylaw we pay an extra fee to our Strata Manager. Some owners in our Strata suspect there is an over-reliance on new bylaws. Do we need a new By-Law to improve Common Property fittings/infrastructure? Is it the case that only a special resolution of the owners corporation at a general meeting is required?
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Answer: A new by-law is not required for the owners corporation to install a water tank on common property.
A new by-law is not required for the owners corporation to install a water tank on common property.
Section 108(1) allows the owners corporation to add to, alter or erect a new structure on common property for the purposes of improving or enhancing the common property. This would include installing a water tank. Pursuant to section 108(2) of the SSMA only a special resolution will be required to authorise the owners corporation to install the water tank on common property.
A by-law would only be required if it were an owner (as opposed to the owners corporation) installing the water tank on common property pursuant to section 108(5).
Have a question about whether you need a new bylaw to improve Common Property fittings/infrastructure or something to add to the article? Leave a comment below.
This post appears in Strata News #311.
Emma Smythies
Special Counsel
Bugden Allen Lawyers
M: 0412 046 966
E: [email protected]
This article does not constitute legal or other advice and should not be relied upon this way. Readers should take legal or other advice before applying the information containing in this publication.
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