Question: We have a survey strata with three dwellings. Our letterboxes are on common property. Two owners want to replace the old decrepit letterboxes with new ones, but one owner doesn’t. What’s the legal position here?
Answer: This isn’t the case of an owner carrying out alterations to common property. Two owners, as the strata company, are deciding to maintain the common property.
Assuming the letterboxes are on common property, I refer to STA section 91. General Duty.
91. General duty
- A strata company must —
- [deleted]
- control and manage the common property for the benefit of all the owners of lots; and
- keep in good and serviceable repair, properly maintain and, if necessary, renew and replace —
- the common property, including the fittings, fixtures and lifts used in connection with the common property; and
- any personal property owned by the strata company, and to do so whether damage or deterioration arises from fair wear and tear, inherent defect or any other cause.
[(d)-(k) deleted] - A strata company may improve or alter the common property in a manner that goes beyond what is required under subsection (1).
Note for this subsection: Expenditure above a certain amount incurred for the purposes set out in subsection (2) must be authorised by special resolution, except for expenditure on sustainability infrastructure, which may be authorised by ordinary resolution: see section 102.
Further reading of STA section 102 may be required.
The strata company has a statutory responsibility to maintain etc the common property as per STA section 91.
If the common property letterboxes are “decrepit” (not my assessment), then they can be replaced.
Who decides?
Expenditure required for maintaining, repairing or replacing is a “budget” related approval – majority approval.
I don’t know if this three lot scheme has an exemption by-law or has regular meetings, but I would recommend documenting something and issuing it to the third owner and indicating that it is a majority approval as the letterboxes are common property.
Regarding obtaining quotes for the replacement cost and what happens if the third owner doesn’t respond within a certain period:
Budget expenses are approved by majority decision. Advise the third owner of the cost and what their share of the contribution may be.
It doesn’t matter whether it is a survey-strata or a strata scheme. The same legislation applies to all strata lots – the common property must be maintained.
If the third owner doesn’t pay, advise them that the other two letterboxes will be replaced by two owners and funded by those two owners. [Peter paying Paul].
In this instance, this isn’t the case of an owner carrying out alterations to common property. Two owners, as the strata company, are deciding to maintain the common property.
I hope the postman enjoys the new letterboxes.
This post appears in the April 2024 edition of The WA Strata Magazine.
Shane White Strata Title Consult E: shane.white@stratatitleconsult.com.au