NSW legislation update: Repairs & maintenance

RepairsIssue #5 of 6: Repairs & Maintenance

The new legislation has introduced a number of changes that that will allow some owners to carry out works which involve common property without the approval of the owners corporation.

Three categories of the types of works have been identified with different levels of approval required:

  1. Cosmetic work
  2. Minor renovations
  3. Major (common property) renovations

These new provisions are however all subject to the scheme’s existing by-laws, registered before 30 November 2016.

The new Strata Schemes Management Act 2015 will come into effect from 30 November 2016.

Here are some the key legislation changes to note: 

  • Allowing owners to make cosmetic and minor changes (e.g. replacing built-in wardrobes and laying carpet) to their lot without having an approval from a general meeting.
  • Minor renovations (e.g. renovating a kitchen, installing or replacing wooden floors) may be carried out by owners by a simple majority vote at a general meeting, rather than a special resolution (75% majority).
  • Works affecting common property such as structural changes (additions, alterations to common property or erecting new structures), changes affecting the external appearance, waterproofing and matters requiring consent or approval under any Act would be deemed major works requiring a common property by-law or other special resolution approval.
  • An owner has a statutory right to sue the owners corporation for failing to properly repair and maintain common property.

Click here for previous communications on the NSW legislation changes.