Q: The committee have installed speed humps on the common driveway and in 2 x rows of townhouses which affects units 9-27. It was not installed on the common driveway or rows by which units 1-8 access their properties. 3 out of the 6 committee members including the chairperson live on this section. This matter was not decided upon by all the owners at an AGM but we first found out in an email telling us when the installation was to occur. The 3 speed humps are on a steep hill and are very close together so as you leave one hump you almost drive onto the next week. Is this decision-making process legal as it was not done in consultation with all owners and does not seem fair to those who live down the driveway?
The committee have installed speed humps on the common driveway. This matter was not decided upon by all the owners at an AGM. Is this decision-making process legal as it was not done in consultation with all owners and does not seem fair to those who live down the driveway? – Dee, NSW
A: Under the Strata Schemes Management Act 2015 in NSW, your strata committee cannot make additions or changes to common property without owners corporation approval. This needs to be done by passing a special resolution at a general meeting and through a majority owners vote.
If your committee is found to be in breach of these requirements, they may be liable to restore the common property to its original state.
If your committee are unwilling to cooperate and bring matters to all owners for a vote before proceeding, you may wish to take up the matter with NCAT or fair trading for mediation and resolution.
