What would the consequences be if we approved a lot owner's request for a bathroom renovation (including the waterproofing) by Special Resolution rather than a By-Law?
This may result in the Owners Corporation being responsible.
Because the works involve waterproofing and other changes to the common property, Section 108 (5) of the Strata Schemes Management Act, 2015 (NSW) applies. That section specifically states that:
Changes to common property
- A special resolution under this section that allows an owner of a lot to take action in relation to certain common property and provides that the ongoing maintenance of that common property after the action is taken is the responsibility of the owner has no effect unless--
- the owners corporation obtains the written consent of the owner to the making of a by-law to provide for the maintenance of the common property by the owner, and
- the owners corporation makes the by-law.
If the proper process as per the above is not adhered to, the Owners Corporation may encounter difficulties in imposing on the owner the responsibility to repair and maintain the works carried out and may result in the Owners Corporation being responsible.
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Leanne is leading the conversation in strata and community management across Australia. With a distinguished career spanning over 25 years and holding credentials as a licensed Strata and Community Manager and Real Estate Managing Agent, Leanne has masterfully redefined the essence of premium strata service. Her approach, honed through years in senior roles within top-tier agencies, is unwaveringly client-focused, ensuring that expectations are not only met but consistently exceeded.
As a pivotal member of the Strata Community Association (SCA) and the CEO of the award-winning Premium Strata, Leanne, together with her team of seasoned strata managers, embodies a commitment to unparalleled service excellence. Beyond steering Premium Strata and Premium Building Management, her influence extends across the property industry as a leading voice. Leanne's insights on legislative updates and industry shifts are invaluable, offering guidance to lot owners on intricate strata matters and fostering effective and informed strata management practices.
Leanne is a regular contributor to Lookupstrata.
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