Can a strata committee decide to leave security gates open?

NSW
Committee & Governance
This article discusses strata security gate special resolution requirements and who can approve changes to gate access.
question
Lookupstrata community member

We live in a secure gated community. Some owners want the gate to remain open during the day. Would the decision require a special resolution of the owners corporation, or can the decision be made by the Strata Committee?

answer
Leanne Habib headshot
Leanne Habib Premium Strata

The strata committee cannot make this decision, because the owners corporation is charged with the duty to manage and control the use of the common property.

You may have a by-law applicable to your scheme for security which regulates the keeping of all gates/doors etc closed except when in use, in which case, you would need to amend the by-law to keep the gate open during the day.

If there is no such by-law, you should create one for the keeping open of the gates (via special resolution). In our view, the strata committee cannot make this decision, because the owners corporation is charged with the duty to manage and control the use of the common property.

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