Does passing a by-law to make lot owners responsible for common property paving require all owners' consent?

NSW
Maintenance & Common Property
question
Lookupstrata community member

We are considering passing a by-law to make lot owners responsible for paving/tiling in a common property area. Is the consent of all owners required, or only those owners affected by the by-law?

answer
Leanne Habib headshot
Leanne Habib Premium Strata

If the owners corporation transfers responsibility for paving to individual owners (in addition to a special resolution/by-law), those owners who have that responsibility imposed on them would have to consent in writing.

If the owners corporation is transferring responsibility for paving to individual owners (in addition to a special resolution/by-law), those owners who have that responsibility imposed on them would have to consent in writing

However, the owners corporation may determine it is inappropriate to repair and maintain pavers by special resolution (without the requirement for any person’s consent) provided that that decision will not affect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme.

Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440

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