Question: The Strata Company in our 5 lot scheme has been maintaining one lot’s roses. This places a financial burden on me. There are no bylaws in place for this. What recourse do I have?
Our 5 lot Strata company maintains Lot No 2 roses. The roses are not on common property. This item has been raised at our annual general meeting as to who’s responsibility it is to maintain the roses, as the roses have been considered part of the entry statement.
The cost to maintain these roses is excessive. Owners are required to decide on whether the strata company maintains the roses or not. If yes, we are strongly encouraged to lodge a by-law. I was the owner who raised concerns and I’m worried I will be outvoted. I am a new owner.
This maintenance of a lot owner’s roses places a financial burden on me. What recourse do I have?
Answer: The Strata Company, at this stage, does not have the authority to expend strata company funds towards private property.
If the roses are within an individual lot area, then the ultimate responsibility to maintain the lot rests with the owner of that Lot (i.e Lot 2). The Strata Company, at this stage, does not have the authority to expend strata company funds towards private property.
If the Strata Company considers lodging a bylaw conferring the maintenance of that area to the strata company, it would be, in our opinion, a Governance Bylaw where a Resolution without Dissent is required; the owner lodging this question may vote against which would mean that the bylaw is not able to be registered.
We suggest that a bylaw be registered stating that the owner of Lot 2 must maintain the lot area gardens to an acceptable standard and if not done by the owner of Lot 2, the strata company may arrange for the works and charge the owner of Lot 2. Again, in our opinion that would be a Governance Bylaw requiring a Resolution without Dissent.
Please note that any changes to the bylaws of the Strata Company would require a consolidated set of bylaws to be registered with Landgate. The Strata Company may choose to obtain their own legal advice on the preparation of the consolidated bylaws.
This advice does not constitute legal advice and we recommend that the owner obtains their own legal advice to suit the circumstances.
Marietta Metzger magixstrata E: marietta@magixstrata.com.au P: 08 6559 7498
This post appears in Strata News #599.