Don't Throw the Common Property out with the Laundry

Marks v Owners SP 30190 [2023] NSWCATAP 21

Quick Read

This NSW Strata Appeal Panel decision about an older strata building in Bondi Junction is about a dispute about a works to a common property laundry. The primary issue was whether the proposed works were strictly for repairs and/or maintenance, or, if they substantially altered or added to the common property, necessitating a special resolution. After considering what it identified as relevant criteria, the Appeal Panel decided that the works were necessary for proper maintenance, did not materially alter the common property’s character, and, did not need a special resolution.

Implications

Upgrades to strata building common property may need approval by special resolution.
If a building upgrade is within normal strata repair, maintenance and/or replacement obligations, only a majority decision is needed.

The test depends on a range of factors including the nature, scope, cost and character of the works.

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Full Report & Case Details

This court decision revolves around an appeal pertaining to a strata scheme located in Bondi Junction, NSW. The essence of the appeal was rooted in a disagreement over the execution of repair and maintenance work ….

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Keywords

#NSW #NCAT #commonproperty #repairs #upgrades #2023