Can an owner insist on a tilt garage door if the strata company wants to standardise on cheaper roller doors?
Our strata company plans to standardise garage doors across the scheme. The current tilt garage doors are the strata company’s responsibility. They’re considering replacing them with roller doors, which cost half as much. One owner feels a roller door is inferior and is insisting on a tilt door.
Can an owner insist on a tilt door option, and if so, does the strata company need to provide it rather than standardising on roller doors?
An individual owner does not have the right to dictate the type of replacement simply because they believe one option is superior.
No, the owner cannot insist on a tilt door option that the strata company must adhere to. Because the garage doors are common property, the strata company is responsible for their maintenance, repair, renewal and replacement under section 91(1)(c) of the Strata Titles Act 1985 (WA). There is no requirement that replacement be like‑for‑like, and an individual owner does not have the right to dictate the type of replacement simply because they believe one option is superior.
However, as replacing tilt doors with roller doors is not a like‑for‑like replacement, it would need to be treated as an alteration or improvement under section 91(2). This means the approval requirements in section 102 apply. If the cost per lot is under $500, the change may be approved by ordinary resolution. If the cost per lot exceeds $500, a special resolution is required. Provided the correct resolution is validly passed at a properly convened general meeting, or via a compliant vote outside a meeting, the strata company may proceed with standardising the doors, and the owner cannot require a tilt door instead.
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Senior Strata Community Manager / SCA Certified (CSCM)
Courtney joined B Strata in early 2015 bringing with her a background in restaurant and healthcare management. Having previously studied Law and Politics at Murdoch University, Courtney has since completed a Certificate IV in Strata Community Management and constantly undertaking further education and professional development to better her knowledge and understanding of all aspects of her role. Courtney is a Level 2 Certified member of SCA WA and has been the finalist for the SCA WA ‘Strata Manager of the Year – Rising Star’ award 2 years running.
As one of our most highly reviewed and well-respected strata managers, Courtney has recently accepted the position of B Strata’s Lead Strata Manager and now oversees that division within the office. This role requires sound knowledge and understanding of the strata industry and legislation, as well as strong leadership and communication skills, which Courtney delivers with friendly professionalism and confidence indicative of her six years’ experience in the industry.
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