This article about requirements for common property improvements has been provided by Allison Benson, Kerin Benson Lawyers.
Question: If strata resolves to make an addition to common property, is there any need to create a specific by-law concerning each of the proposed additions before actioning?
If our NSW strata resolves at a general meeting by special resolution of the owners corporation to make an addition to common property, is there any need to create a specific by-law concerning each proposed addition before actioning?
The subject additions would not be maintenance but improvements, as the common property would not have existed. Examples could be EV charging infrastructure, solar batteries, fibre optic data networks, or a common property garden pergola.
Answer: If the work is to be conducted by a lot owner and the lot owner is to maintain the work, a by-law is required.
A special resolution is required if you add to the common property, for example, install EV charging infrastructure. Note that as this is sustainability infrastructure, the calculation of votes for this type of special resolution differs from a normal special resolution.
At some stage, all infrastructure will require repairs, maintenance, renewal and replacement. If the work is to be conducted by a lot owner and the lot owner is to maintain the work, sections 108(3) and (4) require a by-law to be passed. No by-law is required if the owners corporation does the work and is responsible for maintaining it.
Allison Benson Kerin Benson Lawyers E: allison@kerinbensonlawyers.com.au P: 02 4032 7990
This post appears in the April 2024 edition of The NSW Strata Magazine.
Disclaimer: This is general information and should not be considered to be legal advice. If you are affected you should obtain legal advice specific to your individual situation.
Have a question about repairs v improvements in NSW apartments or something to add to the article? Leave a comment below.
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