NSW: Q&A Owners Corporation Committee Decisions


Question: What is the decision making process for changing light fittings in common areas? I thought these changes need to go to a general meeting and that they require a special resolution. Am I correct?

My question is about the decision making process of the strata committee. Our strata committee decided to change the light fittings in all the common areas without reference to any non-committee owners. Under section 108 of the Strata Schemes Management Act I though all changes must go to a general meeting and they require a special resolution.

Answer: The Owners Corporation may have been carrying out repair and maintenance rather than an upgrade.

Section 108 (and the attendant special resolution) applies to “improvements” or “enhancements” of the common property. From the information provided, it appears likely that the strata committee were exercising the Owners Corporation’s repair and maintenance function and duty rather than an upgrade. It may be that all the light fittings were defective and therefore required replacement.

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