NSW: Q&A Refusing the Request for the Owners Corporation to Install a Stair Lift

Question: A single lot owner wants the owners corporation to install a stair lift for the use of her friends. It will not benefit any owner, will require ongoing maintenance and cause on obstruction.

Answer: The Owners Corporation is entitled to object to such an installation provided they are reasonable.

The Owners Corporation is entitled to object to such an installation provided it is being reasonable. There is no positive duty on the Owners Corporation to agree and it may vote down the motion (acting reasonably).

In our view, the proper process for this particular owner would be to apply for an exclusive by-law to install her proposed works solely at her own risk and expense and ongoing repair and maintenance. You should also have as a condition of such a by-law whether the installation will compromise the fire safety of the building or overall appearance of the building.

For the full question and our detailed response, visit the original publication at Look Up Strata. Do you have a question relating to your property or development? Contact us!

Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.