November 18, 2020 at 8:59 pm #395104NoviceMember
Dear Amanda. In our strata we have 16 owners. The pool heater needs replacing , and at least 4 owners are against replacing the heater due to expense and the few residents who use the pool. The pool is still functioning. Is the OC obliged under section 106 to replace the heater , or can the OC oppose it on the grounds of section 106 (3) (a) and (b), whereby there is (3) This section does not apply to a particular item of property if the owners corporation determines by special resolution that–
(a) it is inappropriate to maintain, renew, replace or repair the property, and
(b) its decision will not affect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme.
NoviceNovember 18, 2020 at 11:27 pm #395126ts1904Expert
Until the OC has passed a special resolution in accordance with s106(3), it is obliged under section 106 to repair/maintain.
I would suggest that if the OC is planning to pass such a motion, it might want to pass another motion at the same time to authorise the removal of the equipment (and perhaps clarify that after the removal, the obligation to repair/maintain will be removed too).November 19, 2020 at 6:35 pm #395193NoviceMember
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