Does Replacing Common Property need to be Authorised by Special Resolution?
The NSW Supreme Court has recently handed down a decision in regards to common property that will have a considerable impact on the practice of strata managers across the State. The Court’s decision answers the following often asked questions:
- What type of resolution does an owners corporation need to pass in order to replace an item of common property?
- Is the replacement of an item of common property a repair that can be authorised by an ordinary resolution?
- Or does a decision to replace an item of common property need to be made by special resolution because the replacement of the item will improve or enhance the common property?
- What was the outcome of this recent case that involved a dispute between the owners of an apartment building on a waterfront in Sydney’s Eastern Suburbs…
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