NSW: Q&A Duty to Maintain and Repair Common Property

Question: We own a villa in a two lot strata scheme that is in need of repainting. The owners of the other lot do not want to pay for the property to be repainted.

We own a villa in a two lot strata scheme that is in need of repainting. The owners of the other lot do not want to pay to have the property repainted. We have offered to bear the cost of repainting both lots ourselves, but they declined.

I am told by our strata manager that we can paint our lot but cannot change the colour. If we obtained agreement from the other lot owner (if needed) can we change the colour providing it is sympathetic eg from pale pink to pale grey?

Answer: You are within your rights to make an application to NCAT that the Owners Corporation complies with its statutory duties ie re-paint the exterior of the building

An Owners Corporation is responsible for the repair & maintenance of the common property including external painting. You are within your rights to make an application to NCAT that the Owners Corporation complies with its statutory duties ie re-paint the exterior of the building (though you would have to go through the mediation process first).

As you are carrying out “works” to the common property, you would need a by-law (to be passed by special resolution) additionally, because, arguably you would be changing the external appearance of the lot (and the proposed colour would not “be in keeping with the appearance of the building”). So, if the other lot owner agreed by way of approving a by-law, the colour change would be acceptable (subject to any Council approvals/restrictions which may apply to the colour).

For the full question and our detailed response, visit the original publication at Look Up Strata.

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