Question: Against owner’s objections, our committee wish to keep the gates open in our gated community. Is the committee able to make this decision?
I am a lot owner in a gated complex. Our committee appears determined to have the gates left open, having taken this step more than once without consulting the lot owners and despite receiving owner complaints.
This action was first taken by the committee in 2021 with no consultation with lot owners. An owner survey at that time made it clear that this decision went against the wishes of the majority, who were in favour of keeping the gates closed. The committee has again taken this action. Several lot owners lodged written objections to the committee, which have been ignored.
What steps can be taken to rectify this situation?
Answer: A ‘restricted issue’ is an issue which the committee is not permitted to decide upon.
Under Qld strata legislation, there is something called a ‘restricted issue’ for a committee. As the name suggests, this refers to issues that the committee is not permitted to decide upon. Section 52 of the Standard Module (equivalent provisions of other Modules) provides for what is a restricted issue. Of relevance to the scenario you describe is s52(1)(b), reproduced below:
- changing rights, privileges or obligations of the owners of lots included in the community titles scheme
While we can’t comment on the specifics of your case, we’d suggest that a decision about the gates being open or closed is very likely a restricted issue, based on (b) above.
Where to from here? While we acknowledge that you have raised objections and a survey has been conducted, ultimately, this requires a motion to be submitted to the committee for them to rescind their original decision. You could potentially refer to the ‘restricted issue’ information above when doing so. If that motion fails or is not properly considered, you’d then have the option of proceeding to the Commissioner’s Office to dispute same.
Just a note about your comments re: this decision being ‘against the wishes’ of the majority of lot owners. Decisions in strata are about what is reasonable and not what the majority wants. There may well be compelling reasons why the committee is doing what it is doing (we don’t know what they could be, but put that aside) and the fact that you and others do not like it isn’t automatically grounds to have it overturned. You need an objective basis for that – which is what the ‘restricted issue’ discussion above might entail.
Of course, if this scenario is indicative of a committee that isn’t making reasonable decisions regularly, despite owners trying to hold them to account, then it might be time to consider looking at replacing the committee with candidates who will perform the role more correctly.
This is general information only and not legal advice.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898