Question: Who is responsible for painting and replacing the mesh in a fly screen door, and can the owners corporation transfer this responsibility to owners?
Our six-villa strata plan was registered in 1999. Who is responsible for painting the fly screen door and replacing the mesh? I believe it is the owners corporation’s responsibility, but the chairperson and secretary believe it is the owner’s responsibility.
If the owners corporation wants to transfer this responsibility to owners, can it only be done by passing a special resolution?
Answer: The only way to change the owners corporation’s responsibility is to pass a valid special resolution, obtain the written consent of the affected lot owner, and register a by-law transferring that responsibility to the lot owner.
Under the Strata Schemes Management Act 2015 (NSW), the default position is that anything forming part of the common property boundary between a lot and the outside — such as an original front door and its attached screen door — is maintained by the owners corporation, unless a valid by-law transfers that responsibility to the lot owner.
A few important points:- A meeting vote alone does not change the law. To shift responsibility from the owners corporation to a lot owner, the scheme must both:
- pass a special resolution at a general meeting; and
- register a by-law with NSW Land Registry Services.
- pass a special resolution at a general meeting; and
- Special resolution test: a special resolution passes if no more than 25% of unit entitlements vote against. If 25% or more vote against, the resolution fails.
- If the resolution fails: the default statutory position continues to apply — the owners corporation remains responsible.
- If the resolution passes but no by-law is registered: the change is not effective for any owner, including the current one. Responsibility remains with the owners corporation until a registered by-law is in place.
- The affected lot owner must also consent in writing to the making of that by-law (section 143(1) of the Act). Without their written consent, the by-law cannot be validly made.
- If half the meeting votes against the proposal, the special resolution fails, and responsibility remains with the owners corporation.
- The only way to “vote out” the owners corporation’s responsibility is to pass a valid special resolution, obtain the written consent of the affected lot owner, and register a by-law transferring that responsibility to the lot owner.
This post appears in the September 2025 edition of The NSW Strata Magazine.
Tim Sara Strata Choice E: tsara@stratachoice.com.au P: 1300 322 213