This article discusses strata committee religious symbols on common property and possible dispute options.
Question: Does the strata Committee have the right to place religious icons such as Buddhas around the common area without all lot owners’ permission or informing all lot owners of their intentions? If this offends a lot owners’ religious beliefs, should the icons be removed?
Answer: We have two very different concepts – strata and religion – coming together in one place and I doubt our legislators ever anticipated that.
Looking at this scenario with a pure strata hat on, in Queensland, for example, the committee may have the ability to make what could be termed an ‘improvement’ (noting here that ‘improvement’ isn’t necessarily a judgement or aesthetic call, it is about addition or removal) to common property and without reference to all owners. In other jurisdictions, that ability might also exist, it may differ or it might not exist at all, and so you would need to clarify that before determining if the ‘right’ process has happened here. I am not aware of any strata legislation requiring a committee to canvass the views of owners on religious issues, in making a decision.
Looking at this scenario from a values and beliefs basis, you say there may be offence taken from the symbols. There are many different religions and they all usually have very different symbols and iconography. Those religions exist in our culture, often in close proximity to each other. If you walk past a church and its symbols ‘offend’, what do you do? Are you in a position to demand their removal? Generally, I’d think the answer is no. Should it be different in strata?
My point is that here we have two very different concepts – strata and religion – coming together in one place and I doubt our legislators ever anticipated that. Which means there is no clear answer to your query. To help inform, I would suggest that if you or anyone else have concerns about this situation they might like to approach the relevant government agencies which deal with human rights and discrimination issues, to see what, if any, legislation might apply. Legal advice might also need to be sought. Otherwise, this situation might have to be dealt with on purely strata lines and if there is a view that proper strata process has not been followed in these ‘improvements’, there are dispute resolution options available.
Given the sensitivities likely involved in this situation, one would want to be very careful before embarking on that path. Some informal communications, such as articulating concerns in an appropriate (and respectful) way and having a discussion about them, might be a better option, at least to begin with.
This post appears in Strata News #578.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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