Question: Can the body corporate make a decision to turn off the common property pool’s heating without consulting owners? The decision restricts how owners can enjoy the pool amenity.
Answer: Seek clarification from the committee.
The general rule of thumb is that the committee can (indeed, should) make many of the day-to-day decisions of a body corporate, instead of getting all the owners to vote. That said, there are limits to that decision-making power, and legislation provides for what are called ‘restricted issues’. There are several criteria provided in section 52 of the Standard Module (equivalent provisions of other Modules) that might make something a restricted issue of the committee (i.e., a decision they cannot make themselves), including if it is a decision:
- changing rights, privileges or obligations of the owners of lots included in the community titles scheme
Arguably, this one applies in your case, and it may well be the decision to turn off the heating is a restricted issue. That said, there may also be compelling reasons why the committee has done what it has. My suggestion is to seek clarification from the committee (if you haven’t already done so) and if need be, submit a motion of your own to a general meeting regarding the heating. You can also challenge the committee’s original decision in the Commissioner’s Office.
This is general information only and not legal advice.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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