Q: Our tenant is 91 years old and needs a railing at her front door for safety issues. Very small item for one step. 6 units in complex, all ground level, 3 in front, 3 in back. As it is a safety issue and will be removed when she vacates, do we need a strata meeting and change in by-laws? Can we just ask 5 other owners if it’s okay with them?
91 years old tenant needs a railing at her front door for safety issues. Do we need a strata meeting and change in by-laws for this? – Lorraine, NSW
A: While it is considered a safety issue, the rules still apply to changing common property. This means changes will still need to be approved in a general meeting by Special Resolution. However, they cannot be unreasonably refused due to it being a safety matter. The question for the OC is whether they are happy to be responsible for the changes thereafter (e.g, repair/maintain/makegood). If they are, no bylaw is required. If they aren’t, a bylaw will be required. Without the bylaw, you are entrusting under an agreement that the owner will remove the railing when it’s no longer needed. If they don’t however, it will be near impossible to enforce.
