This article discusses strata committee landscaping approval requirements and when owner approval may be needed to change common property gardens.
Question: Years ago, a decision was made to only plant drought tolerant hedges. Without consultation, the committee removed hedges and planted flowers. Does the committee have the authority to make this change?
Can a strata committee alter the appearance of common property without the approval of owners corporation? At an AGM several years ago, owners voted to only have hedges in the gardens of our 64-unit complex. The hedges were to be maintained by a gardener.
There were several reasons for the decision, one of which was the responsible use of water. Without consultation, the current committee removed hedges and planted flowers. I wrote to our strata manager with my concerns and requested the strata manager advise the committee of the original AGM vote.
The original minutes were archived, so I requested my email with details of the owners corporation vote be forwarded to the committee as they were holding a committee meeting that night. Although the topic was not on the agenda, I asked if it could be discussed and a response included in meeting minutes so owners could be informed.
The strata manager forwarded my email to the committee advising their intention to continue planting flowers. The topic did not appear in minutes. What can I do?
Answer: If the strata committee is fulfilling the owners corporation’s repair and maintenance functions, no special resolution may be required.
A special resolution is required to alter the common property. However, if the strata committee is fulfilling the owners corporation’s repair and maintenance functions, no such special resolution may be required. It may be that the hedges were invasive and were causing damage to the common property, and flower beds were recommended in lieu.
You may wish to proceed to mediation with the owners corporation, a free service through NSW Fair Trading. If the owners corporation declines to attend or no agreement is reached regarding the hedges/flowers, you can make an application for orders through the NSW Civil & Administrative Tribunal. Before escalating the matter, we recommend you seek legal advice.
This post appears in Strata News #663.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
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