NSW: Can owners with building defects vote on strata repairs?

Question: If some units have defects and we all meet about repairing the defects, can these owners participate in the vote, or should they abstain?

In our 15 year old, 30 lot strata scheme, four units require rectification works due to building defects. We called a general meeting to approve a special levy to cover the cost of the work.

Can owners of the four units with defects vote at the general meeting, or should they abstain from the vote due to their vested interest?

Answer: All owners have a vested interest in ensuring that the owners corporation meets their requirements to repair and maintain its common property.

The Strata Schemes Management Act 2015 (NSW) (‘the Act’) contain no provisions that exclude owners of lots from voting on motions that relate to the owners corporation meeting its fundamental and statutory requirement to repair and maintain its common property (in accordance with section 106 of the Act).

All owners have a vested interest in ensuring that the owners corporation meets such requirements and would be required to contribute toward the special levy in question.

This post appears in the February 2024 edition of The NSW Strata Magazine.

Tim Sara
Sara Strata
E: tim@sarastrata.com.au
P: 04 8500 7960