Meetings: Policies & Approvals – Community Titles
Community Titles Act
Strata Division (one lot above another)
Alterations in strata divisions (see Boundaries) are subject to Corporation approval.
Section 102—Alterations and additions in relation to strata schemes
(1) A person must not carry out prescribed work in relation to a strata lot unless the person is authorised to do so:
(a) where each of the lots comprised in the strata scheme is used, or is intended to be used, solely or predominantly for non-residential purposes—by the bylaws of the strata scheme; or
(b) in any other case—by special resolution of the community corporation.
(2) Where a person acts in contravention of this section, the corporation may, by notice in writing to the owner of the lot, require him or her to carry out, within a reasonable period fixed in the notice, specified work
(a) to remedy any structural deficiency caused by the work; or
(b) to restore the lot to its previous state.
(3) If the owner of a lot does not comply with a requirement imposed under this section within the time allowed in the notice, a person or persons authorised by the corporation may enter the lot and carry out the specified work.
(4) A power of entry must not be exercised under subsection (3) unless the owner of the lot has been given reasonable notice of the proposed entry.
(5) A person may only use force to enter a lot under subsection (3) pursuant to an order of the Magistrates Court authorising the entry.
(6) Any cost reasonably incurred by the corporation in having work carried out under this section may be recovered as a debt from the owner of the lot.
(7) In this section prescribed work in relation to a lot means:
(a) the erection, alteration, demolition or removal of a building;
(b) the alteration of the external appearance of a building.
What does this mean?
Prescribed works by lot owners in community titled Strata Divisions (1 lot above another) are treated the same as a Strata Titled group. The corporation must approve the works by special resolution.
For regular lot by lot Community Corporations the By Laws and Scheme Description must be consulted. If they are silent on works then owners may be able to undertake works without the need for Corporation approval, however they may need Council approval.
Check the Corporation’s By Laws and Scheme Description before proceeding, they may contain clauses that deal with lot owner works.