In a NSW strata scheme, a deck’s path to approval depends on what it touches. Changes that affect the outside or structure of a strata property, and work that needs approval under other laws such as council approval, are major renovations, and only the owners corporation can approve those, by special resolution at a general meeting.
First question: whose ground is it?
The NSW Government describes common property, generally, as any area used by all residents or anything of structural importance, such as driveways and gardens, roofs, pipes, cables and external walls. Different schemes classify different areas as common property, and the strata plan and by-laws show which areas are which in yours.
If a scheme has no definition of common property, it can pass a special resolution to adopt the common property memorandum, a document the NSW Government developed to say what is and isn’t common property. By-laws about gardens often say whether a garden is common property and who must maintain it.
Second question: does it need a by-law?
The NSW Government says renovations that affect common property may need a change to the scheme’s by-laws, for example to set who maintains the common property, or to give an owner the right to use part of it exclusively.
A new or changed common property by-law needs two things: a special resolution, and written agreement from each owner the by-law grants rights or special privileges to. The by-law must also say who will be responsible for maintaining the area from then on. To put one to a meeting, you write a motion and an explanatory note and get them on the agenda before the secretary sends out notice of the next general meeting.
Third question: will the vote pass?
The test the example below applies is the NSW Government’s definition of a special resolution, measured against the value of the votes cast.
Worked example (figures invented for illustration)
At a general meeting, the votes cast on a deck motion have a total value of 200. The 25% line is 200 × 0.25 = 50.
- Votes worth 45 are cast against. 45 ÷ 200 = 22.5%, which is no more than 25%, so the special resolution passes.
- Votes worth 55 are cast against. 55 ÷ 200 = 27.5%, which is more than 25%, so it fails.
- Votes worth exactly 50 are cast against. That is 25%, which is still no more than 25%, so it passes.
How much each vote is worth in your scheme is a question for your strata manager or committee.
In a two-lot scheme, both lot owners must agree for a special resolution to pass.
Before work starts
- If the work will change the structure of the property, the owners corporation must get 14 days’ written notice before work starts, describing how the structure will change.
- For strata renovations costing over $5,000, the NSW Government says a registered design practitioner must prepare regulated designs and a registered building practitioner must oversee the work.
- If you use a building contractor or tradesperson, check that they hold a valid contractor licence.
If approval stalls
Strata schemes must hold at least one meeting a year, and many hold more. If approval is taking too long, the NSW Government suggests speaking to the owners corporation, strata committee or strata manager first. NSW Fair Trading offers strata mediation, which it describes as a free service for disagreements between owners and the owners corporation.
NSW Fair Trading takes strata questions on 13 32 20, 8:30am to 5pm, Monday to Friday.