This article discusses strata aesthetic window replacement by special resolution.
Question: The committee would like to replace all windows and sliding doors simply to update the colour from brown to black. If this decision is adopted, do all lot owners need to upgrade?
Some of the owners corporation committee would like to replace all windows and sliding doors from mission brown to black. There is nothing wrong with the windows and doors apart from the unpopular colour. Is it compulsory for us to go ahead with this very expensive renovation of the building?
If the committee decide to aesthetically improve the windows and doors and this is not based on a need to repair and maintain the building, is everyone in the building required to have their windows and doors changed and pay for the upgrade regardless of whether that individual lot owner wants to make the change or not?
Answer: The Owners Corporation needs to pass the special resolution, and, if it passes, yes, all owners are liable to contribute to the costs whether they are in agreement or not.
No, the strata committee cannot make that decision. The Owners Corporation needs to pass the special resolution, and, if it passes, yes, all owners are liable to contribute to the costs whether they are in agreement or not.
The decision could be challenged, but only if due process was not complied with. The Owners Corporation is at liberty to alter the common property for the purpose of improving or enhancing it pursuant to Section 108 of the Strata Schemes Management Act, 2015 (NSW) by special resolution.
This post appears in the May 2022 edition of The NSW Strata Magazine.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
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