Question: Does a motion for a common property improvement require 100% owner approval, including unfinancial owners?
For a motion to succeed to install an improvement (e.g. a $50k diesel power generator to overcome power blackouts), do 100% of owners, even those normally unable to vote because of not having paid their levies, need to approve?
It seems to me that for an owner not to be financial they must be in financial strife, and hitting them with a proportion of a $50k improvement would be too much.
Answer: Unfinancial owners must still pay their share, even for a significant common property improvement.
Firstly, Qld’s strata legislation does not refer to an owner’s ability, or inability, to pay their levies. If the body corporate has to pay something, then it has to pay it, and that means all owners have to as well. There’s no hardship provisions in Qld’s strata legislation. If you are experiencing financial hardship, you might be able to discuss options for a payment plan with the body corporate, although that might not change the fact you’d still be considered ‘unfinancial’.
Secondly, there is a significant difference between maintenance and improvements. The body corporate is required to maintain common property, whereas an improvement may not be so black and white. You’ve referred to a generator to mitigate against blackouts. Regardless of whether that’s an improvement (which it sounds like it is), the better question to ask is how necessary this is? If blackouts are a common issue at your scheme, it might be extremely necessary. It might also be that several other owners think it’s a good idea. In strata, as in politics, whoever has the numbers will usually get what they want.
Thirdly, if the proposal in question is, in your view, unnecessary (i.e., it’s an unreasonable decision of the body corporate) or doesn’t have a quote, or the meeting vote on it hasn’t been properly tallied, or if the meeting isn’t properly convened, then these may all be factors having an impact on the validity of the proposal and thus, your ability to challenge it in the Commissioner’s Office.
Fourthly, you’d also asked us about counting of votes for special resolutions. You’ll need to refer to your community management statement (CMS) for the contribution schedule lot entitlements that apply, which should then in turn help you do the calculations.
Finally, you’ve asked for an example of a resolution without dissent. Maybe you mean the type of issue that would require one. Disposal of common property is typically one issue requiring resolution without dissent. At its most simple, a resolution without dissent fails when any 1 person votes ‘no’. Motions about spending wouldn’t typically be by resolution without dissent, because it’s a type of resolution reserved for the most serious, significant issues a scheme faces.
This is general information only and not legal advice.
This post appears in the September 2026 edition of The QLD Strata Magazine.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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